Allowed

Mustfa v. State of U.P. and Another

Allahabad HC6 Apr 2022A482/4734/2022

Case brief

AI extract

What is this about?

High Court allowed an application under Section 482 Cr.P.C. granting liberty to the applicant to file a bail application before the trial court, directing a decision within ten days, relying on Supremr Court law in Satender Kumar Antil.

What did the court decide?

Liberty granted to file bail application in trial court within 15 days; direction to decide bail application within 10 days.

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

¶1

Court No. - 92

¶2

Case :- APPLICATION U/S 482 No. - 4734 of 2022

¶3

Applicant :- Mustfa Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Narayan Singh,Sr. Advocate,Utkarsh Srivastava

¶4

Counsel for Opposite Party :- G.A.

¶5

Hon'ble Manish Kumar,J.

¶6

Heard learned counsel for the petitioner/ applicant and learned counsel for the opposite parties as well as perused the record.

¶7

The present petition under Section 482 Cr.P.C has been filed by the petitioner with the prayer to quash / set aside the entire proceedings of Case No.4679/9 of 2021, under Sections 3/7 Essential Commodities Act, Police Station - Kotwali Kairana, District - Shamli, pending in the court of learned Chief Judicial Magistrate, Shamli and further be pleased to quash the charge sheet dated 15.09.2021 arising out of Case Crime No.290 of 2021, under Section 3/7 Essential Commodities Act, Police Station - Kotwali Kairana, District - Shamli as well as order dated 21.09.2021, passed by learned Chief Judicial Magistrare, Shamli.

¶8

After arguing at some length, learned counsel for the petitioner submits that a liberty may be given to the petitioner/ applicant 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.

¶9

Learned A.G.A. has no objection to the prayer made by learned counsel for the petitioner.

¶10

As prayed by the learned counsel for the applicant / petitioner', it is provided that in case, the petitioner moves 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).

¶11

The petition is disposed of accordingly.

¶12

Order Date :- 6.4.2022 S. Kumar

¶13

Digitally signed by SANTOSH KUMAR Date: 2022.04.06 18:17:16 IST Reason: Location: High Court of Judicature at Allahabad

Mustfa v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mustfa v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sesh Narayan and Others Vs State of U.P. and Another

Shri Ram Dubey @ Shri Ram Lallan Dubey Vs State of U.P. and Another

Mohd. Habib Vs State of U.P. and Another

Monu and 3 Others Vs State of U.P. and Another

Babu Singh and 2 Others Vs State of U.P. and Another

Abdul Gaffar Vs State of U.P. and Another