Rihayat Ali Alias Riyasat Ali and Another v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 39552 of 2023 Applicant :- Rihayat Ali Alias Riyasat Ali And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Mishra,Mukul Pandey,Surendra Prasad Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,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 with a prayer to quash the charge sheet dated

12.02.2016, cognizance order dated 21.05.2016 as well as proceeding of Criminal Case No. 1680 of 2016 (State Vs. Tazuddin and others), arising out of Case Crime No.756 of 2015, under Sections 406, 420 I.P.C., Police Station Firozabad South, District Firozabad, pending in the court of Chief Judicial magistrate, Firozabad.

¶3At the outset, learned counsel for the applicants gave up his challenge to the aforesaid impugned charge sheet 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 application 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 them 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 two weeks from today and in case they apply for bail, the bail application of the applicants 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.

¶7For the period of two weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, they shall not be arrested in the above case.

¶8With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 7.12.2023 RKM High Court of Judicature at Allahabad