Disposed

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

Allahabad HC13 Jan 2023A482/38502/2022

Case brief

AI extract

What is this about?

The High Court spared the quashing of criminal proceedings. Instead of allowing the Section 482 petition, the Court directed applicants to apply for bail within four weeks, relying on Apex Court guidelines. No coercive action is permitted for 30 days contingent on the bail application.

What did the court decide?

Applicant directed to move bail application within four weeks; no coercive action for 30 days if complied.

Aaisha and 2 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 72 Case :- APPLICATION U/S 482 No. - 38502 of 2022 Applicant :- Aaisha And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Heard learned counsel for the applicants, learned AGA for the State and perused the material on record.

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This application under Section 482 Cr.P.C. has been filed to quash the impugned cognizance order dated 25.05.2022 passed by the Special Chief Judicial Magistrate, Agra as well as entire criminal proceedings of Case No.6442 of 2022 (State Vs. Amit Agarwal and others) arising out of Case Crime No.306 of 2019, under Section 447 IPC, Police Station Lohamandi, District Agra pending before the Special Judicial Magistrate, Agra.

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At the very outset, learned counsel for the applicants has submitted that he relinquishes the prayer for quashment and wishes to move bail application before the trial court in view of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 .

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Learned AGA has no objection to the prayer so made.

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Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicants appear before the court concerned within four weeks from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra).

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For a period of 30 days from today, no coercive action shall be taken against the applicants.

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It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants.

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With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.

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Order Date :- 13.1.2023 Shahroz

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Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad

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

Case brief

What is this about?

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

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