Disposed

Sher Ali and Anr. v. State of U.P. and Anr.

Allahabad HC7 Jan 2022/5084/2021

Case brief

AI extract

What is this about?

In this bail matter, the application to quash the summoning order and proceedings was withdrawn by the applicant's counsel. The court directed that a regular bail application would be heard expeditiously if the petitioners surrender within fifteen days and deposit Rs. 10,000 with the respondent, in line with Supreme Court guidelines.

What did the court decide?

The petition for quashing is disposed of with a direction to file a regular bail application upon surrender and deposit of Rs. 10,000.

Sher Ali and Anr. Vs State of U.P. and Anr. — Quashing and FIR | Allahabad HC (2022)

¶1

Court No. - 13 Case :- APPLICATION U/S 482 No. - 5084 of 2021 Applicant :- Sher Ali And Abdul Hafiz Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Jalaj Kumar Gupta Counsel for Opposite Party :- G.A.

¶2

Hon'ble Karunesh Singh Pawar,J.

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By means of present petition filed under Section 482 CrPC, the petitioners have prayed for quashing summoning order dated 24.9.2021 passed by Judicial Magistrate-II, Court No.12, Balrampur as well as the entire proceedings of Complaint Case No.6558 of 2021 Abdul Hafiz and others vs. Anjum Bano.

¶4

Pursuant to the order dated 6.12.2021, the complainant Anjum Bano and Abdul Hafiz, petitioner No.2 are present before the Court.

¶5

On a query being made, Anjum Bano states that there is no chance of settlement with the petitioners and she has refused to go and live with the petitioners.

¶6

At this stage, learned counsel for the petitioners after arguing for some time submits that he does not want to press the petition and seeks liberty to file a regular bail application before the court below which may be decided in view of the laid down by Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another .

¶7

In view of the above, it is provided that in case the petitioners surrender and appear before the court below within fifteen days from today and deposits a sum of Rs.10,000/- before the Court below as undertaken by their counsel, along with an application for regular bail, the same (regular bail application) shall be decided expeditiously, taking into account the law laid down by Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another. The amount of Rs.10,000/- so deposited by the petitioners shall be released in favour of Anjum Bano, respondent No.2.

¶8

Subject to above direction, the petition is disposed of.

¶9

Order Date :- 7.1.2022/kkb/

Sher Ali and Anr. v. State of U.P. and Anr.

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Sher Ali and Anr. v. State of U.P. and Anr.

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