Court No. - 23
Case :- APPLICATION U/S 482 No. - 35526 of 2018
Applicant :- Khalid Hussain
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohd Aadil Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Heard Shri Mohd. Aadil Siddiqui, learned counsel for the applicant, Shri Ravindra Nath Tiwari, learned A.G.A. for the State and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the entire proceedings of Complaint Case No. 9213 of 2017 (State versus Khalid Hussain) under Section 22 of Mines and Minerals Act, Police Station Civil Line, District Moradabad pending before the Court of Chief Judicial Magistrate, Moradabad.
After arguing the matter up to some length, learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicant may be permitted to surrender and move bail application, before the court concerned and suitable directions may be issued that same may be heard and decided expeditiously, in accordance to law.
Learned A.G.A. has no objection in grant of aforesaid prayer.
In view of above, it is provided that if the applicant surrenders before the courts below within thirty days from today, and applies for bail, his application for bail shall be considered and decided by the courts below in view of the settled law laid down by the Full Bench of this Court in the case of Amrawati & Another Vs. State of U.P. reported in 2004 (57) ALR 290, as affirmed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
It is made clear that this order shall not be treated as an implied direction of this Court to grant bail to the applicant and the court concerned shall be at liberty to pass appropriate order in accordance to law.
Till the aforesaid period of thirty days, no coercive measures shall be taken against the applicant in the aforesaid case.
In case, applicant fails to surrender before the Courts below, within the stipulated period of thirty days, he will not get benefit of this order.
With above directions this application stands disposed of. Order Date :- 12.10.2018 Ravi Prakash