Hashim Qureshi v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 38665 of 2023 Applicant :- Hashim Qureshi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Ankur Chaurasia,Diwan Saifullah Khan Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. 2-This application under Section 482 Cr.P.C. has been filed by the applicant to quash the summoning order dated 13.11.2017 passed by Additional Chief Judicial Magistrate, Ghaziabad as well as proceedings of Complaint Case No. 654 of 2016 re-numbered as 7402 of 2021 (Abhishek Versus Hashim and others), under Sections 420, 467, 468, 471, 406, 504, 506 I.P.C., Police Station Tronica City, District Ghaziabad. 3-As per prosecution case, the application under section 156 (3) Cr.P.C. of the opposite party no.2 was treated as complaint on 16.01.2016, thereafter applicant was summoned vide order dated

13.11.2017 to face trial under Sections 420, 467, 468, 471, 406, 504 & 506 I.P.C. On account of non-appearance of the applicant, non bailable warrant was issued against him on 30.07.2018 and thereafter process under section 82 Cr.P.C. has also been issued on 12.07.2022. 4-Learned counsel for the applicant submitted that earlier non bailable warrant and process under Section 82 Cr.P.C. was not served upon applicant, therefore, he could not appear within time before the concerned court below. 5-Learned counsel for the applicant after advancing his arguments at some length and putting certain query by the Court, gave up his challenge to the aforesaid impugned summoning order and impugned 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 court below to consider and decide the bail application of the applicant expeditiously. 6-Learned 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. 7-In view of the above, the relief as sought by the applicant in the instant application is refused. 8-However 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 two weeks from today and in case 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. 9-For the period of two weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, he shall not be arrested in the above case. 10-With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 6.11.2023 Kashifa High Court of Judicature at Allahabad