Disposed

Firoj and 3 Others v. State of U.P. and Another

Allahabad HC30 Mar 2022A482/2482/2022

Case brief

AI extract

What is this about?

The High Court refused to quash the charge-sheet and proceedings under Section 482 Cr.P.C. as trial court grounds suffice for decision. However, it granted a three-week reprieve from coercive action if applicants surrender and move a bail application, with the lower court to decide bail per Satender Kumar Antil.

What did the court decide?

Refusal to quash charge-sheet/proceedings; 3-week reprieve from coercive action contingent on surrender and bail application.

Firoj and 3 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 2482 of 2022

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Applicant :- Firoj And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Aslam,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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The instant application under Section 482 Cr.P.C. is moved by the applicants for quashing the charge-sheet dated 13.09.2019 as well as entire proceedings of Case No. 6370 of 2019 (State vs. Firoj and others), arising out of Case Crime No. 281 of 2019, under Sections 308, 324, 452, 504, 506, 325 I.P.C., Police Station- Noorpur, District- Bijnor, pending before learned Chief Judicial Magistrate, Bijnor.

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Learned counsel for the applicants has confined his argument to the law laid down by Hon'ble Apex court in Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2021) 10 SCC 773 and prayed for disposal of the bail application of applicants.

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From the perusal of record, it appears that grounds alleged in the application can be decided by the trial court, therefore, I do not find any cogent reason to interfere in the proceedings.

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The prayer for quashing of charge-sheet as well as proceedings is, hereby, refused.

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However, if the accused-applicants surrender before the court below and move bail application within a period of three weeks from today, the court below shall decide the bail application according to the law laid down in Satender Kumar Antil (supra) .

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For a period of three weeks from today, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.

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The present application under Section 482 Cr.P.C. is, accordingly, disposed of .

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Order Date :- 30.3.2022 Vikas

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Digitally signed by VIKAS VERMA Date: 2022.04.01 17:13:12 IST Reason: Location: High Court of Judicature at Allahabad

Firoj and 3 Others v. State of U.P. and Another

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Firoj and 3 Others v. State of U.P. and Another

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