Disposed

Mohammad Yahiya v. State of U.P. . and Another

Allahabad HC8 Jun 2023A482/21561/2023

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. filed to quash proceedings for cheating and criminal breach of trust. The court instead directed the lower judiciary to decide the bail application expeditiously within three weeks of surrender, citing Satender Kumar Antil.

What did the court decide?

Direction to decide bail application expeditiously within three weeks of surrender; applicant to appear and surrender.

Mohammad Yahiya Vs State of U.P. . and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:125560

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 21561 of 2023

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Applicant :- Mohammad Yahiya Opposite Party :- State Of U.P. . And Another Counsel for Applicant :- Surendra Kumar Tiwari 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 parties and perused the record.

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This application u/s 482 Cr.P.C. has been filed with the prayer to quash the cognizance/summoning order dated 03.02.2022, charge sheet no. 1 of 2022 dated 04.08.2022 as well as entire proceeding of Criminal Case No. 735 of 2023 (State vs. Hamidullah Khan and others), arising out of Case Crime No. 107 of 2022, under Sections 419, 420, 408 I.P.C., Police Station Kotwali, District Basti.

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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 quite some time at length, learned counsel for the applicant submits that the applicant does not want to press the prayer for quashing the entire proceedings of aforesaid case 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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However, it is directed, that in case applicant appears and surrender before the court below within a period of three weeks from today and applies for bail the court below shall consider and decide the bail prayer of applicant expeditiously in accordance with law 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 off.

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Order Date :- 8.6.2023 Shiraz

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Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad

Mohammad Yahiya v. State of U.P. . and Another

Case brief

What is this about?

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Mohammad Yahiya v. State of U.P. . and Another

Case brief

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What did the court decide?

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