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

Court No. - 88 Case :- APPLICATION U/S 482 No. - 43131 of 2023 Applicant :- Mohd. Abid Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Sawhney,Raju Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.

¶1Heard learned counsel for the applicant, 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 applicant with a prayer to quash the non-bailable warrant and process under Section 82 Cr.P.C. dated 30.09.2023 issued against the applicant in Case No. 63 of 2021 (Jiyaul Haq Vs. Jameel Ahmad and others) arising out of Case Crime No. 360 of 2020, under Sections 147, 148, 307, 442, 323, 504, 506 I.P.C., Police Station Kiratpur, District Bijnor, pending in the court of Chief Judicial Magistrate, Bijnor.

¶3At the outset learned counsel for the applicant gave up his challenge to the aforesaid order of non-bailable warrant against the applicant by contending at the Bar that he is not pressing the prayer made in this application on merits and confined his submission requesting to grant some protection to the applicant to surrender before the concerned Court below.

¶4Learned 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.

¶5In view of the above, the relief as sought by the applicant in the instant application is refused.

¶6However 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.

¶7For the period of two weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, non-bailable warrant dated 30.09.2023 shall be kept in abeyance.

¶8With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 15.12.2023 Kashifa High Court of Judicature at Allahabad