Dismissed

Mamur and 2 Others v. State of Up and Another

Allahabad HC1 Apr 2022A482/7549/2022

Case brief

AI extract

What is this about?

The High Court on an application for quashing charge-sheet and cognizance under CrPC sec. 482 granted liberty to the applicants to file discharge and bail applications before the special judge. Bail was to be decided in light of cited Supreme Court and High Court judgments.

What did the court decide?

Liberty to move discharge and bail applications before the court below within specific timelines, with the orders to be decided expeditiously.

Mamur and 2 Others Vs State of Up and Another — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 92 Case :- APPLICATION U/S 482 No. - 7549 of 2022 Applicant :- Mamur And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Daksha Yadav,Patgendra Bhushan Misra Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the applicants and learned AGA for the State.

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Present petition has been preferred by the applicants for quashing of the impugned charge-sheet dated 23.10.2020 bearing No. 1026 of 2020 as well as cognizance order dated 12.07.2021 arising out of case crime no. 0804 of 2020 under Sections 354(A), 323, 504, 506 IPC and Section 7/8 POCSO Act, 2012 and Section 3(2)(VA) SC/ST Act, Police Station Naini, District Prayagraj, pending in the court of Special Judge, POCSO Act, Allahabad.

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After arguing at some length, learned counsel for the applicants/petitioners has submitted that liberty may be given to the applicants/petitioners for moving a discharge application before the court below.

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

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The present petition is disposed of with liberty to the applicants/petitioners to move discharge application before the court below within a period of fifteen days and the same shall be decided expeditiously in accordance with law.

¶8

At this stage, learned counsel for the applicants/petitioners has submitted that liberty may also be given to the applicants/petitioners to move bail application before the court below and the same shall be decided in the light of the judgment of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 and judgment of the Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC) and in Hussain and Ors. Vs. Union of India (UOI) and Ors. reported in MANU/SC/0274/2017.

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As prayed, the applicants/petitioners are at liberty to move bail application and the same shall be decided in the light of judgment in the case of Amrawati (supra) and judgments of Hon'ble Apex Court in the cases of Lal Kamlendra Pratap Singh (supra) and Hussain (supra) .

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Order Date :- 1.4.2022/Nitesh

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Digitally signed by NITESH KUMAR TEWARY Date: 2022.04.04 12:34:23 IST Reason: Location: High Court of Judicature at Allahabad

Mamur and 2 Others v. State of Up and Another

Case brief

What is this about?

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Mamur and 2 Others v. State of Up and Another

Case brief

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