Disposed

Shamshunisha and 2 Others v. State of U.P. and Another

Allahabad HC4 Oct 2023A482/31469/2023

Case brief

AI extract

What is this about?

Applicants applied to quash proceedings under Section 482 Cr.P.C. Court refused relief on merit. Instead, directed surrender within three weeks and expeditious hearing of bail applications, citing Satender Kumar Antil guidelines while no coercive action for that period.

What did the court decide?

Applicants directed to surrender within three weeks; bail applications to be heard expeditiously; no coercive action for interim period.

Shamshunisha and 2 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:190501

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 31469 of 2023

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Applicant :- Shamshunisha And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Maohammd Nadeem Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed by the applicants to quash the entire proceedings of Complaint Case No. 516 of 2014 (Nuri Begum vs. Shamshunisha and Others), under Section 420 IPC, Police Station-Gursahaiganj, District- Kannauj pending in the Court of Civil Judge (Jr. Division)/FTC-Ist, Kannauj as well as summoning order dated 12.06.2015 passed by Judicial Magistrate-I, Kannauj and order dated 16.07.2022 and 18.05.2023 passed by Civil Judge (Jr. Division)/FTC-Ist, Kannauj.

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On the matter being taken up, learned counsel for the applicants have not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicants expeditiously.

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Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicants.

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Accordingly the relief as sought by the applicants through this application is refused.

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Considering the aforesaid alternative prayer of the applicants, it is directed that applicants shall surrender before the concerned Court below within three weeks from today and in case applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922.

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For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is

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earlier, no coercive action shall be taken against them.

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With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of.

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Order Date :- 4.10.2023 Aditya

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Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad

Shamshunisha and 2 Others v. State of U.P. and Another

Case brief

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Shamshunisha and 2 Others v. State of U.P. and Another

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