Dismissed

Munib and 4 others v. State of U.P. and another

Allahabad HC28 May 2018A482/17337/2018

Case brief

AI extract

What is this about?

Application seeking quashing of order imposing non-bailable warrants was dismissed as no illegality or abuse of process was found. Court directed lower court to decide pending bail application within one week if moved after surrender, without coercive measures.

What did the court decide?

Prayer for quashing refused; direction issued to lower court to decide bail application within one week if moved after surrender without coercive measures.

Munib and 4 others Vs State of U.P. and another — Quashing and FIR | Allahabad HC (2018)

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Court No. - 48

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Case :- APPLICATION U/S 482 No. - 17337 of 2018

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Applicant :- Munib And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Zafar Abbas Counsel for Opposite Party :- G.A.

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Hon'ble Karuna Nand Bajpayee,J.

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This application u/s 482 Cr.P.C. has been filed seeking the quashing of order dated 26.4.2018 passed by the Addl. Sessions Judge, Court No. 3, Hamirpur in S.T. No. 115 of 2015, State versus Punna and others, arising out of Case Crime No.799 of 2013, under Sections 307, 325, 323, 504 and 506 IPC, P.S.-Maudaha, District- Hamirpur, whereby non bailable warrants have been issued against the applicants.

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Heard applicants' counsel as well as learned AGA and perused the record.

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The Court does not see any illegality, impropriety and incorrectness in the impugned order under challenge and also there seem to be no abuse of court's process. There is no good ground to interfere in the same, therefore, the prayer for quashing of the impugned orders is refused.

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Applicants' counsel submits that as it is being desired by the accused to obtain bail after surrendering in the court below, a protective direction may be issued to the lower court to decide the proposed bail application.

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In view of the peculiar facts and circumstances of the case, it is directed that in case after surrendering in the court below an application for bail is moved on behalf of the accused within one week from today, the same shall be considered and decided in accordance with law.

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In the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.

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It is made clear that if this order is not availed by the accused within stipulated period of time, no time extension application shall be entertained.

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It is further clarified that for the present this order has been passed only with regard to the accused on behalf of whom this application u/s 482 Cr.P.C. has been moved in this Court.

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With the aforesaid observations, this application is finally disposed off.

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Order Date :- 28.5.2018 CPP/-

Munib and 4 others v. State of U.P. and another

Case brief

What is this about?

What did the court decide?

Munib and 4 others v. State of U.P. and another

Case brief

What is this about?

What did the court decide?

What the court decided

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