Fiday Asagar v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 37912 of 2023 Applicant :- Fiday Asagar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicant to quash the impugned order dated 22.08.2023 passed by the Civil Judge Junior Division/FTC Farrukhabad as well as criminal proceeding of Case No. 432 of 2021 (State vs. Fiday Asagar & Others), arising out of Case Crime No. 66 of 2014, under Sections 498A, 323, 354 Kha, 504, 506 IPC & Section 3/4 of Dowry Prohibition Act, P.S. Mahila Thana Farrukhabad, District-Farrukhabad.

¶3At the outset learned counsel for the applicant gave up his challenge to the aforesaid charge sheet, Non-bailable warrant and criminal proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant 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 courts below to consider and decide the bail application of the applicant expeditiously.

¶4Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to him for a short period.

¶5In view of the above, the relief as sought by the applicant in the instant application is refused.

¶6However considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within three weeks from today and in case he applies for bail, the bail application of the applicant shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922.

¶7For the period of three weeks from today or till the time of surrender of the applicant before the concerned Court below, whichever is earlier, non-bailable warrant issued against the applicant, shall be kept in abeyance.

¶8With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 12.10.2023 Aditya High Court of Judicature at Allahabad