Dismissed

Syed Hayat Ahmad and Another v. State of U.P. Thru. Home Secy. Home Deptt. Govt. Civil Secrt. Lko. and Another

Allahabad HC13 Oct 2023/10075/2023

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed the applicant's application under Section 482 Cr.P.C. seeking quashal of the summoning order. The court instead observed that the applicants have liberty to file a bail application in the trial court within two weeks, to be decided expeditiously in view of the law in Satender Kumar Antil versus CBI.

What did the court decide?

Application under Section 482 Cr.P.C. dismissed; liberty granted to file bail application in trial court within two weeks.

Syed Hayat Ahmad and Another Vs… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:66976

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 10075 of 2023

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Applicant :- Syed Hayat Ahmad And Another Opposite Party :- State Of U.P. Thru. Home Secy. Home Deptt. Govt. Civil Secrt. Lko. And Another Counsel for Applicant :- Mohd. Muballi Gussalam,Mohd. Khalid Amin Khan Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard Sri Mohd. Muballi Gussalam, learned counsel for the applicants and Sri B.N. Nishad, learned A.G.A. for the State as well as perused the record.

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Instant application under Section 482 Cr.P.C has been filed with prayer to quash impugned summoning order dated04.08.2021 passed by Learned Additional Chief Judicial Magistrate-V Court No. 29, Lucknow in Criminal Case No. 1099/2021, Case Crime no. 325/2020 and against the charge sheet no. 01, dated- 04.02.2021 relating to Case Crime No325/2020, under section-147, 188, 269, 270, 182, 505(1) (b) I.P.C. and Section 3(1) The Epidemic Diseases Act 1897 and Section 51 The Uttar Pradesh Disaster Management Act 2005, Police Station-Jankipuram, District-Lucknow including the criminal proceedings of case no. 1099/2021, case crime no. 325/2020 pending in the Court of Learned Additional Chief Judicial Magistrate-V Court No. 29, Lucknow.

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Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in the present case with false and frivolous allegations. He further added that the applicants were not involved in committing the alleged offence as has been mentioned in the first information

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report.

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At this stage, learned counsel for the applicants submits that he does not want to press the application and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court's judgment in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51 .

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

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On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicants appear before the trial court within two weeks from today and file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra) .

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Further, the applicants will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to them, in accordance with law. In case, such an application is moved before the learned trial court, the learned trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law.

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The application is disposed off accordingly.

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Order Date :- 13.10.2023 Mayank

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Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Syed Hayat Ahmad and Another v. State of U.P. Thru. Home Secy. Home Deptt. Govt. Civil Secrt. Lko. and Another

Case brief

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Syed Hayat Ahmad and Another v. State of U.P. Thru. Home Secy. Home Deptt. Govt. Civil Secrt. Lko. and Another

Case brief

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