Disposed

Naseemuddin v. State of U.P. and Another

Allahabad HC12 Jun 2023A482/16843/2023

Case brief

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What is this about?

This High Court disposed of an application under Section 482 Cr.P.C. seeking quashing of proceedings. The court directed the lower courts to decide the bail application expeditiously if the applicant surrenders within three weeks, alongside granting no coercive action during that period.

What did the court decide?

Direction to lower courts to decide bail application within three weeks upon surrender; no coercive action for this period.

Naseemuddin Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:126133

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Court No. - 65

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Case :- APPLICATION U/S 482 No. - 16843 of 2023

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Applicant :- Naseemuddin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shamim Uddin Khan Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This application u/s 482 Cr.P.C. has been filed for quashing the charge-sheet dated 11.09.2017, cognizance/summoning order dated 31.1.2018 as well as the entire proceedings of Criminal Case No.183 of 2018 (State Vs. Naseemuddin), arising out of Case Crime No.375 of 2015, under Sections 406, 419, 420 I.P.C., P.S. Mau Aima, District Allahabad/Prayagraj pending in the court of Special Chief Judicial Magistrate, Allahabad/Prayagraj.

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The contention of counsel for the applicant is that no offence against the applicant is disclosed and the present case has been instituted with a malafide intention for the purposes of harassment.

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After arguing the case for some time, learned counsel for the applicant submits that the applicant does not want to press the prayer for quashing of entire criminal proceedings and the purpose of his client would suffice, if a direction may be given to the courts below to decide the bail application within specific time frame.

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Considering the facts and circumstances of the case, it is provided that if the applicant surrenders and applies for bail within three weeks from today, the Courts below may decide the bail application of the applicant expeditiously in the light of guidelines laid down by Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & Anr. reported in (2021) 10 SCC 773 .

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For the period of three weeks, no coercive action shall be taken against the applicant in the aforesaid case.

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With the above directions, present application U/s 482 Cr.P.C. is disposed of.

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Order Date :- 12.6.2023 Kpy

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Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad

Naseemuddin v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Naseemuddin v. State of U.P. and Another

Case brief

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What did the court decide?

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