Nabihasan And 6 Others vs State Of U.P. And Another
2022 Latest Caselaw 14708 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 85
 

 
Case :- APPLICATION U/S 482 No. - 13765 of 2022
 

 
Applicant :- Nabihasan And 6 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sunil Kumar Upadhyay
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

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

This application under Section 482 Cr.P.C. has been filed to quash the impugned chargesheet dated 11.01.2022 as well as cognizance order dated 24.01.2022 in Case No.1263/9/22 (State vs. Nabihasan and others) arising out of Case Crime No.310 of 2021 under Sections 323 I.P.C. and 3/5 (1) of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 against applicant no.1 and under sections 323, 120-B IPC against applicant nos. 2 to 7, Police Station-Pakbara, District-Moradabad.

Learned counsel for the applicants submits that he is not pressing the present application on behalf of applicant no.1 Nabihasan, therefore, the same may be dismissed as not pressed on behalf of applicant no.1.

Accordingly, the present application at the behest of applicant no.1 stands dismissed as not pressed.

At the very outset, learned counsel for the applicants gave up his challenge to the impugned chargesheet as well as cognizance order and confined his submission requesting to grant some protection to applicant nos. 2 to 7 to surrender before the concerned court below. Learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned court below to consider and decide the bail application of applicant nos. 2 to 7 expeditiously.

Learned A.G.A. for the State submits that in case the applicants are not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection in granting protection to them for a short period.

In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that applicant nos. 2 to 7 shall surrender before the concerned court below within four weeks from today and in case they apply for bail, the bail application of the applicants shall be disposed of expeditiously by the court below in accordance with law in the light of various judgments passed by the Apex Court.

For a period of four weeks from today or till the time of surrender of applicant nos. 2 to 7 before the concerned court below, whichever is earlier, they shall not be arrested in the aforesaid case.

With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

Order Date :- 20.10.2022

Madhurima