Munshad And 3 Others vs State Of U.P. And Another
2022 Latest Caselaw 11109 ALL

Citation : 2022 Latest Caselaw 11109 ALL
Judgement Date : 23 August, 2022

Allahabad High Court

Munshad And 3 Others vs State Of U.P. And Another on 23 August, 2022

Bench: Vikram D. Chauhan




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 
Case :- APPLICATION U/S 482 No. - 24860 of 2022
 
Applicant :- Munshad And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mohd Javed Akhter,Mohd. Monis
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the applicants, learned AGA for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed by applicants for quashing the entire proceedings of Criminal Case No.26 of 2020 (State Vs. Imtiyaz and others), pending in the Court of Additional Chief Judicial Magistrate, Court No.1, Fatehpur arising out of Case Crime No.0167 of 2019, under Sections 147, 148, 323, 504, 506, 452, 308 and 325 IPC, P.S. Hathgaon, District Fatehpur as well as charge sheet no.0016 of 2020 dated 16.1.2020 and cognizance/summoning order dated 3.3.2020.

At this stage, learned counsel for the appellants restricts his prayer for a direction to the trial court to consider the bail application of the appellants in accordance with the judgment of the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another passed in Special Leave Petition (Crl.) No.5191 of 2021 dated 11th July, 2022. The appellants undertake to appear before the trial court within 15 days from today.

Under the circumstances, considering the undertaking given by the appellants, to appear before the trial court within 15 days, it is hereby directed that the appellants shall surrender before the trial court within 15 days from today and in case, appellants surrender, the trial court is expected to decide the bail application of the appellants in accordance with law, keeping in view the judgment of the Apex Court in the case of Satendra Kumar Antil (supra). For a period of 15 days from today, no coercive measure shall be taken against the applicants.

It is provided that in case the appellants do not surrender within 15 days from today, the trial court shall proceed to take coercive measure strictly in accordance with law.

With the aforesaid observation and direction, the appeal is disposed of.

Order Date :- 23.8.2022

D. Tamang