Allahabad High Court
MAISER@ MAHSAR AND ANOTEHRversusState of UP AND ANOTHER
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The High Court held that the application for quash under Section 482 could not be granted, but directed that if the applicant surrenders within four weeks and seeks bail, the bail application shall be decided expeditiously, and no coercive action shall be taken during that period.
Summary
The applicant filed an application under Section 482 of the Criminal Procedure Code seeking to quash the criminal proceedings (Criminal Case No.595/9 of 2017) arising from offences under Sections 376‑D and 506 IPC. The court examined the prayer and, instead of granting a quash, directed that if the applicant surrenders within four weeks and applies for bail pursuant to a non‑bailable warrant order dated 24‑12‑2021, the bail application must be considered and decided expeditiously. The court also ordered that no coercive action be taken against the applicant during the four‑week period, but warned that a non‑bailable warrant will be executed if the applicant fails to appear. Consequently, the application was disposed of with these specific directions. The decision reflects the court’s exercise of its inherent powers to regulate the conduct of the proceedings without nullifying them.
Issues considered
- Whether the High Court can quash the criminal proceedings under Section 482, CrPC.
- Whether the applicant is entitled to a stay of coercive action pending surrender and bail application.
- Whether the court can condition bail consideration on the applicant’s surrender within a stipulated period.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 376-D, 506
Subjects
- Section 482
- quash of criminal proceedings
- bail
- non‑bailable warrant
- inherent powers
- coercive action stay
- IPC 376‑D
- IPC 506
- Muzaffarnagar
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 495 of 2024
Maiser@ Mahsar And Anotehr
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Bipin Kumar
Counsel for Opposite Party(s) : G.A., Mohd. Naushad Siddiqui
Court No. - 80
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard learned counsel for applicant and learned AGA.
2. The present application has been preferred for quashing the entire
proceedings of the Criminal Case No.595/9 of 2017 (State vs. Mahesar
and others), arising out of case crime no.262 of 2015, under Sections 376-
D, 506 IPC, Police Station Chhapar, District Muzaffarnagar, pending in
the court of Additional Chief Judicial Magistrate, Court no.1,
Muzaffarnagar.
3. After arguing at some length, learned counsel for applicant 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
surrender before it and applies for bail in pursuance of NBW order dated
24.12.2021 the same may be considered and decided expeditiously in
accordance with law to which learned AGA has no objection.
4. In view of the aforesaid, the instant application 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 four weeks from
today and applies for bail in pursuance of NBW order dated 24.12.2021
the same shall be considered and decided expeditiously in accordance
with settled law.
5. It is made clear that till four weeks from today, no coercive action shall
be taken against the applicant herein in the present case. However, if the
A482 No. 495 of 2024
2
applicant fails to appear or participate in the trial proceeding within the
time fixed by this Court, non bailable warrant shall be executed against
the applicant without delay.
(Vivek Kumar Singh,J.)
May 12, 2026
Nitendra
Digitally signed by :-
NITENDRA TIWARI
High Court of Judicature at Allahabad
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