Allowed

Mahmood Ali and 4 Others v. State of U.P. and Another

Allahabad HC10 Oct 2023A482/22520/2023

Case brief

AI extract

What is this about?

Single judge of Allahabad High Court allowed an application under Section 482 Cr.P.C. to quash ongoing criminal proceedings, charge-sheet, and cognizance order against applicants, citing the quashing of similar proceedings against a co-accused by the Supreme Court.

What did the court decide?

Criminal proceedings under Case No. 1146 of 2023, charge-sheet dated 28.03.2023, and cognizance order dated 17.04.2023 are quashed.

Mahmood Ali and 4 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:195261

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 22520 of 2023

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Applicant :- Mahmood Ali And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhir Kumar Agarwal,Indra Bhan Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard Sri Sudhir Kumar Agarwal, learned counsel for the applicants, Sri P.C. Srivastava, learned Additional Advocate General for the State and perused material on record.

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This application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Case No. 1146 of 2023, (State v. Haji Iqbal @ Bala & Ors.), arising out of case crime no. 07 of 2023, under Sections 395, 386, 365, 342, 506, 412 IPC, P.S. Mirzapur, District Saharanpur, pending in the court of Additional Civil Judge (SD)-II/A.C.J.M., Saharanpur, as well as to quash the charge-sheet dated 28.03.2023 and cognizance order dated 17.04.2023 passed in the aforesaid case.

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It has been argued by learned counsel for the applicants that applicants are innocent and no prima facie case is made out against the applicants. It is submitted that earlier co-accused Haji Iqbal @ Bala has filed a criminal mis. writ petition no. 982 of 2023 for quashing of the first information report of this case, which was rejected by this Court, vide order dated 30.01.2023 and that order was challenged before the Hon'ble Apex Court, wherein, vide order dated 08.08.2023, passed in criminal appeal no. 2345 of 2023, the criminal proceedings of this case arising from FIR No. 0007 of 2023 dated 10.01.2023 registered at police station Mirzapur, Saharanpur have been quashed. Thus, the proceedings of

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the case in respect of co-accused Haji Iqbal @ Bala have already been quashed. It is submitted that the case of applicants is on similar footing and thus, the impugned proceedings in respect of applicants are also liable to be quashed.

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Sri P.C. Srivastava, learned Additional Advocate General for the State has not disputed the fact that the first information report and consequent proceedings in respect of co-accused Haji Iqbal @ Bala have already been quashed by the Hon'ble Apex Court and the case of applicants is on similar footing.

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In view of the aforesaid, the criminal proceedings of Case No. 1146 of 2023, (State v. Haji Iqbal @ Bala & Ors.), arising out of case crime no. 07 of 2023, under Sections 395, 386, 365, 342, 506, 412 IPC, P.S. Mirzapur, District Saharanpur, pending in the court of Additional Civil Judge (SD)-II/A.C.J.M., Saharanpur, including the charge-sheet dated 28.03.2023 and cognizance order dated 17.04.2023 passed in the aforesaid case are hereby quashed.

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The application under Section 482 Cr.P.C. is hereby allowed. Consequence to follow.

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Order Date :- 10.10.2023 Anand

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Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad

Mahmood Ali and 4 Others v. State of U.P. and Another

Case brief

What is this about?

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Mahmood Ali and 4 Others v. State of U.P. and Another

Case brief

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