Disposed

Haseen Fatima v. the State of U.P Thru Principal Secy. Home Lucknow and Anr.

Allahabad HC9 Mar 2022/695/2013

Case brief

AI extract

What is this about?

The High Court rejected a petition to quash an order summoning the applicant and instead, relying on Satender Kumar Antil, permitted the applicant to surrender within 15 days and file a bail application for expeditious disposal. The applicant was further allowed to file a discharge application.

What did the court decide?

Petitioner permitted to surrender within 15 days and file bail application; liberty to file discharge application after bail.

Haseen Fatima Vs the State of U.P Thru Principal Secy… — Quashing and FIR | Allahabad HC (2022)

¶1

Court No. - 13 Case :- APPLICATION U/S 482 No. - 695 of 2013 Applicant :- Haseen Fatima Opposite Party :- The State Of U.P Thru Principal Secy. Home Lucknow And Anr.

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Counsel for Applicant :- Nadeem Murtaza,Mohd. Azam Counsel for Opposite Party :- Govt. Advocate,Devendra Nath Upadhyay,Ravi Nath Tilhari

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Hon'ble Karunesh Singh Pawar,J.

¶4

Heard learned counsel for the petitioner, learned A.G.A. for the State.

¶5

The present 482 Cr.P.C. petition has been filed to quash the order dated 09.01.2013 passed in criminal case No. 46/2013, arising out of case crime No. 301/2008 whereby the petitioner has been summoned under Sections 419/420/447/448/120B I.P.C. as well as charge sheet no. 54/2012, dated 26.12.2012.

¶6

Learned counsel for the petitioner, after arguing the matter at some length, has submitted that he may be permitted to file discharge application. He has also prayed that he may be permitted to surrender and apply for bail before the court below and the same may be decided in view of law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation & Anr, Petition(s) for Special Leave to Appeal (Crl.) No(s).5191/2021 as his case is covered under category 'A'.

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Learned A.G.A. has no objection to this innocuous prayer of learned counsel for the petitioner.

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Accordingly, without entering into merits of the case, the present petition is disposed of permitting the petitioner to surrender before the trial court within 15 days' from today and file bail application, which may be decided expeditiously by the learned trial court in view of law laid down by the Apex Court in Satender Kumar Antil (supra). After release on bail, the petitioner is at liberty to file a discharge application. If discharge application is filed, the same shall be decided within a period of two months on merits from the date of filing of discharge application.

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Order Date :- 9.3.2022 R.C.

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Digitally signed by RAM CHANDER YADAV Date: 2022.03.10 18:44:07 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Haseen Fatima v. the State of U.P Thru Principal Secy. Home Lucknow and Anr.

Case brief

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Haseen Fatima v. the State of U.P Thru Principal Secy. Home Lucknow and Anr.

Case brief

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