Smt. Sanam Jahan v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 35074 of 2023 Applicant :- Smt. Sanam Jahan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aktar Ahmed Siddiqui,Mohammad Sahid Counsel for Opposite Party :- G.A.,Imran Mabood Khan 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, learned counsel for the opposite party no.2 and perused the record. 2-This application under Section 482 Cr.P.C. has been filed by the applicant to quash the supplementary charge-sheet No. 297A/2021 dated 18.12.2022, cognizance order dated 10.07.2023 and proceedings of Case No. 29158 of 2023 (State Vs. Rizwan and others) arising out of Case Crime No. 292 of 2021, under Sections 498-A, 323, 504, 506, 326A I.P.C., Police Station Mainather, District Moradabad, pending in the court of Civil Judge (J.D.)/J.M. Moradabad. 3-At the outset learned counsel for the applicant gave up his challenge to the aforesaid impugned charge-sheet, cognizance 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 courts below to consider and decide the bail application of the applicant expeditiously. 4-Learned A.G.A. for the State of U.P. as well as learned counsel for opposite party no.2 submit that in case the applicant is not pressing the relief as sought for by her on merits and wants to surrender before the concerned court below, they have no objection if the Court grants protection to her for a short period. 5-In view of the above, the relief as sought by the applicant in the instant application is refused. 6-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. 7-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, she shall not be arrested in the above case. 8-With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 16.11.2023 Kashifa High Court of Judicature at Allahabad