Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:55926 Court No. - 74 Case :- APPLICATION U/S 482 No. - 1900 of 2025 Applicant :- Mohd. Arshad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This application under section 482 Cr.P.C. has been preferred to quash the impugned charge-sheet dated 15.09.2020 as well as summoning order dated 01.04.2024 including the entire proceedings of Case No. 904 of 2024 (State vs. Mohammad Arshad and Others) arising out of Case Crime No. 805 of 2020, under sections 379, 411 I.P.C., section 3/57/7 of Uttar Pradesh Minor Mineral (Concession) Rules, 1963 and Section 4/21 of Mines and Minerals (Development and Regulation) Act, 1957, P.S. Naini, District-Prayagraj, pending in the court of learned Additional Chief Judicial Magistrate, Court no. 15, Allahabad as well as to stay the further proceedings of abovementioned case.
3. 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.
4. 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 15 days from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law.
5. However, it is made clear that till 15 days from today, no coercive action shall be taken against the applicant herein.
Order Date :- 16.4.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad