Mohammad Farooq v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11390 of 2023 Applicant :- Mohammad Farooq Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Nand Kishore Patel,Vivek Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner/ applicant and learned AGA for the State as well as perused the record. By means of present petition under Section 482 Cr.P.C., the applicant has sought the following main reliefs:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned order dated 04/10/2018 as well subsequent orders if any, passed by the Additional Chief Judicial Magistrate First, Faizabad by which he has issued Non Bailable warrant against the petitioner as contained in Annexure no 1 to this petition. It is further prayed that this Hon'ble Court may graciously be pleased to stay the proceeding of criminal case no. 5709/2016, arising out of case crime no. 569/1996, U/S-279/304-A I.P.C. at Police Station-Purakalandar, District-Faizabad/Ayodhya pending before Additional Chief Judicial Magistrate First, Faizabad, in the interest of justice." After arguing at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant for moving a discharge application before the court below and the same may be decided expeditiously. It is further prayed that liberty may also be given to the applicant to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another. Learned AGA has no objection to the prayer made by learned counsel for the applicant. As prayed, liberty is granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously in accordance with law. As far as prayer made by learned counsel for the applicant to grant liberty to the applicant to file bail application and the same may be decided in in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra), liberty is given to the applicant to move bail application before the trial court and the same shall be decided in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra). With the aforesaid observations, the present petition is disposed of. Order Date :- 21.11.2023 Arun/- High Court of Judicature at Allahabad, Lucknow Bench