Disposed

Faizan and 6 Others v. State of U.P. and Another

Allahabad HC19 May 2022A482/3517/2022

Case brief

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What is this about?

The High Court disposed of an application under Section 482 Cr.P.C seeking quashing of proceedings. Instead, the court granted liberty to the applicants to file bail applications in the trial court, directing a 15-day deadline to approach the trial court and a 10-day limit for its decision based on Satender Kumar Antil.

What did the court decide?

Liberty granted to applicants to file bail application before the trial court within fifteen days.

Faizan and 6 Others Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 92 Case :- APPLICATION U/S 482 No. - 3517 of 2022 Applicant :- Faizan And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gyanendra Singh,Diwakar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the petitioners/ applicants and learned counsel for the opposite parties as well as perused the record.

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The present petition under Section 482 Cr.P.C has been filed by the petitioners with the prayer to quash the entire proceeding including the Charge sheet dated 23.09.2021 as well as Cognizance / summoning order dated 22.10.2021 passed by Special Judge, POCSO Act, Banda in Special Case No.877 of 2021, arising out of Case Crime No.70 of 2021, under Sections 354, 147, 452, 323, 504, 506, 325 I.P.C. and Section 3/4 POCSO Act, Police Station - Naraini, District - Banda, pending in the Court of learned Special Judge, POCSO Act, Banda.

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After arguing at some length, learned counsel for the petitioners/ applicants submits that a liberty may be given to the petitioners/ applicants to file bail application before the learned trial court and the same may be decided in view of law laid by Hon'ble 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.

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Learned A.G.A. has no objection to the prayer made by learned counsel for the petitioners/ applicants.

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As prayed by the learned counsel for the applicants / petitioners', it is provided that in case, the petitioners move bail application before the trial court within fifteen days' from today, the same shall be decided within a period of ten days thereafter, in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra).

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The petition is disposed of accordingly.

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Order Date :- 19.5.2022/S. Kumar

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Digitally signed by SANTOSH KUMAR Date: 2022.05.20 17:17:25 IST Reason: Location: High Court of Judicature at Allahabad

Faizan and 6 Others v. State of U.P. and Another

Case brief

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Faizan and 6 Others v. State of U.P. and Another

Case brief

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