Mohd. Affan v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 34320 of 2023 Applicant :- Mohd. Affan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the charge-sheet no. 130 of 2023 dated 25.04.2023, cognizance/summoning order dated 01.07.2023 and proceedings of Gangster Sessions Trial (G.S.T.) No. 1504 of 2023 (State vs. Yashir and others) arising out of case crime no. 448 of 2022, under Sections 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Civil Lines, District Aligarh pending in the court of Special Judge (Gangster Act)/Additional Sessions Judge, Court No. 4, Aligarh. At the outset learned counsel for the applicant gave up his challenge to the aforesaid impugned charge-sheet, cognizance/summoning order 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. 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. In view of the above, the relief as sought by the applicant in the instant application is refused. 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. 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. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 30.11.2023 Saurabh High Court of Judicature at Allahabad