Islam and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 15 Case :- APPLICATION U/S 482 No. - 12045 of 2023 Applicant :- Islam And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Satyam Singh Counsel for Opposite Party :- G.A. Hon'ble Shamim Ahmed,J. Heard Shri Satyam Singh, learned counsel for the applicants and learned A.G.A. for the State. This application under Section 482 Cr.P.C. has been filed by the applicants seeking quashing of the charge sheet dated

21.04.2022 and summoning order dated 01.07.2022 in F.I.R. No.08/2022, Case No.541/2022 (State vs. Mohammad Islam and Others) by which learned Additional Chief Judicial Magistrate Court No.17, Barabanki has summoned the applicants to face the trial under Section 420, 504, 506, 467 and 468 I.P.C. and with a further prayer to stay the entire proceedings of the aforesaid case pending in the court of Additional Chief Judicial Magistrate Court No.17, Barabanki. After some argument, learned counsel for the applicants confined his prayer to the extent that a positive direction may be given to learned court below that if a bail application is moved before it by the applicants, the same may be considered and decided expeditiously in accordance with law. Learned A.G.A. has no objection to the prayer made by learned Counsel for the applicants and submits that a positive direction may be issued to the learned court below to consider and decide the bail application, if moved before it by the applicants, expeditiously in accordance with law after hearing the public prosecutor. In view of the submissions made by learned Counsel for the parties, if the applicants appear and surrender before the court below and apply for bail within four weeks' from today, the prayer for bail shall be considered and decided expeditiously by the court below in accordance with law after hearing the Public Prosecutor. With the aforesaid observations, this application is finally disposed of. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. Order Date :- 12.12.2023 Piyush/- High Court of Judicature at Allahabad, Lucknow Bench