Shiba @ Shagufta Tabassum and 6 Others v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 42593 of 2023 Applicant :- Shiba @ Shagufta Tabassum And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Shabbir,Mohd. Tasleem Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicants; 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 applicants to quash the charge sheet dated 05.03.2023 as well as cognizance order dated 19.09.2023 and entire proceedings of Criminal Case No.1553 of 2023, (State versus Mukhtar Hussain and others), Case Crime No.15 of 2023, under Sections 147, 323, 504 & 506 IPC against the applicant nos.1, 2, 4, 5, 6, 7 and under Sections 147, 323, 504, 506 & 354(Kha) IPC against the applicant no.3, Police Station Muthiganj, District Allahabad, pending in the Court of ACJM, Court No.9, Allahabad.

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

¶4Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them 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 applicants in the instant application is refused.

¶6However considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within three weeks from today and in case they applies for bail, the bail applications of the applicants shall be disposed of expeditiously by the courts below, in accordance with law.

¶7For the period of three weeks from today or till the time of surrender of the applicants before the concerned Court below, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.

¶8With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 22.11.2023 I.A.Siddiqui High Court of Judicature at Allahabad