Driver Ustad @ Shafaqat v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 40534 of 2023 Applicant :- Driver Ustad @ Shafaqat Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Singh Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Heard Shri Santosh Singh, learned counsel for the applicant, learned A.G.A. and perused the record.

¶2This application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the cognizance and summoning order dated

4.1.2011, N.B.W. dated 16.5.2015 and proceeding under section 82 Cr.P.C. dated

18.8.2022 and N.B.W. alongwith proceeding under section 82 Cr.P.C. dated 4.10.2023 passed by Special Judge (Gangster Act.), Aligarh in G.S.T. No. 2/11 of 2011, State Vs. Mousim and others, arising out of case crime No. 935 of 2009, under section 2/3 U.P. Gangster Act., P.S. Quarsi, District Aligarh, pending in the court of Special Judge (Gangster Act), Aligarh.

¶3Learned counsel for the applicant has made a statement at the bar, on instructions, that he does not want to press other prayers made in the application and states that the applicant is ready to surrender before the court below and seek his bail and that his release be considered in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in

(2022) 10 SCC 51.

¶4Per contra, learned A.G.A. has submitted that he has no objection to the prayer made by learned counsel for applicant for not pressing the other prayers made in the application.

¶5In view of the above, in case the applicant appears before the court below within three weeks from today and seeks bail, his release be considered expeditiously in accordance with law.

¶6With the aforesaid observations, this application filed u/s 482 Cr.P.C. is finally disposed of. Order Date :- 6.12.2023 R High Court of Judicature at Allahabad