Disposed

Mohd. Akhtar Saeed Khan Alias Muzammil and Another v. the State of U.P. Thru. the Prin. Secy. Home, Lko.

Allahabad HC23 May 2023/5104/2023

Case brief

AI extract

What is this about?

An application under Section 482 Cr.P.C. seeking quashing of criminal proceedings was filed. The applicants sought liberty to approach the trial court for bail instead. The High Court permitted this, directing appearance before the trial court within two weeks to file the bail application.

What did the court decide?

Applicants granted liberty to file bail application before trial court within two weeks; proceedings not quashed.

Mohd. Akhtar Saeed Khan Alias Muzammil and… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:35790

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 5104 of 2023

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Applicant :- Mohd. Akhtar Saeed Khan Alias Muzammil And Another Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Home, Lko. Counsel for Applicant :- Syed Ahmad Khan,Amir Ahmad Ansari Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicants, Shri Girijesh Dwivedi, learned AGA for the State and perused the record.

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Instant application under Section 482 Cr.P.C has been filed to quash the proceedings in pursuance of the chargesheet dated 24-02-2023 in F.I.R. No. 431 of 2022, under sections 34,323,452,504 & 506 I.P.C., Police Station-Sandi, District-Hardoi.

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Learned counsel appearing for the applicants submits that the applicants are innocent and were never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, their names have been planted in the first information report and thereafter they have been chargesheeted. He next added that due to unavoidable circumstances, they could not appear before the court below.

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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

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expeditiously in view of law laid down in the case of Satender Kumar Antil (supra) .

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The application is disposed of accordingly.

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Order Date :- 23.5.2023 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Akhtar Saeed Khan Alias Muzammil and Another v. the State of U.P. Thru. the Prin. Secy. Home, Lko.

Case brief

What is this about?

What did the court decide?

Mohd. Akhtar Saeed Khan Alias Muzammil and Another v. the State of U.P. Thru. the Prin. Secy. Home, Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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