Disposed

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

Allahabad HC24 May 2023A482/38762/2022

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. It refused to quash the charge sheet and proceedings, instead directing that if the applicants surrender within three weeks, the lower court must decide their bail application expeditiously following Satender Kumar Antil guidelines.

What did the court decide?

No coercive action for three weeks and a direction to the court below to decide the bail application within three weeks if applicants surrender.

Naim and 2 Others Vs State of U.P. and… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:117668

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 38762 of 2022 Applicant :- Naim And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Madan Kumar Tiwari,Aqueel Ahmad Counsel for Opposite Party :- G.A. Hon'ble Vipin Chandra Dixit,J.

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Heard learned counsel for the applicants as well as 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 with the prayer to quash the Charge Sheet dated 11.09.2021 as well as proceeding cognizance/summon dated 01.12.2021 in Case No.24082 of 2021, Case Crime No.32 of 2021, under Sections 323, 504, 452, 325 I.P.C., Police Station Rorawar, District Aligarh.

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

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After arguing the case for quite some time at length, learned counsel for the applicants submits that the applicants do 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 applicants appear and surrender before the court below within a period of three weeks from today and apply for bail the court below shall consider and decide the bail prayer of applicants 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 applicants 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 :- 24.5.2023 Atul

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Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

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

Case brief

What is this about?

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

Case brief

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