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Neutral Citation No. - 2025:AHC:71587 Court No. - 74 Case :- APPLICATION U/S 482 No. - 39524 of 2024 Applicant :- Nazarul Opposite Party :- State of U.P. and Another Counsel for Applicant :- Salman Ahmad,Umair Alam Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Supplementary affidavit preferred on behalf of the applicant is taken on record.
2. Heard learned counsel for the applicant and learned A.G.A. for the State.
3. This application under section 482 Cr.P.C. has been preferred to quash the impugned charge-sheet dated 21.05.2023 as well as summoning/cognizance order dated 06.04.2024 including the entire proceedings of Case No. 4799/9/2024 (Computer No. 13917/2024) titled as State vs. Nazarul arising out of Case Crime No. 106 of 2023, under section 420 I.P.C. and Section 15(2), 15(3) of Indian Medical Council Act, Police Station-Pakbada, District-Moradabad, pending in the Court of learned Chief Judicial Magistrate, Moradabad as well as to stay the further proceedings of abovementioned case.
4. At the very outset, learned counsel for the applicant submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicant surrenders before it and applies for bail, his bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which
learned counsel for the respondents have no objection.
5. In view of the aforesaid, the instant application under section 482 Cr.P.C. is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of three weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law.
6. However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicant herein.
Order Date :- 5.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad