Disposed

Mohd. Iqbal Saifi and 4 Others v. State of U.P and Another

Allahabad HC28 Jan 2023A482/42132/2022

Case brief

AI extract

What is this about?

The High Court disposed of an S. 482 Cr.P.C. application to quash proceedings relating to applicant Nos. 2, 4, and 5 as withdrawn. It conditionally disposed of the matter for Nos. 1 and 3, directing them to move a bail application within four weeks to avoid coercive action.

What did the court decide?

No coercive action against applicants 1 and 3 for four weeks if they move a bail application; application finally disposed of.

Mohd. Iqbal Saifi and 4 Others Vs State of U.P and Another — Bail and Remand | Allahabad HC (2023)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 42132 of 2022

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Applicant :- Mohd. Iqbal Saifi And 4 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Anand Vikram Singh 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 as well as learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed to quash the entire proceeding of Case No. 12799 of 2022 (State Vs. Mohd. Iqbal Saifi and others), under Sections 498A, 323, 504 IPC and 3/4 Dowry Prohibition Act, pending before the Court of Learned Additional Chief Judicial Magistrate, Bulandshahar as well as impugned cognizance and summoning order dated 16.11.2022 passed by Chief Judicial Magistrate, Bulandshahar in pursuance to the impugned charge sheet dated 06.06.2022 arising out of Case Crime No. 1568 of 2021 at Police Station Kotwali Nagar, District Bulandshahar, during the pendency of the present criminal misc. application before this Hon'ble Court.

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At the very outset, learned counsel for the applicants has submitted that he does not wish to press this application on behalf of applicant Nos. 2, 4 and 5.

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In view of the aforesaid submission of the counsel for the applicants, in so far as applicant No. 2, 4 and 5, this application is dismissed as withdrawn.

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Further counsel for the applicants says that he relinquishes the prayer for quashment and wishes to move bail application on behalf of applicant No.s 1 and 3 before the trial court in view of the guidelines / observations given by Hon'ble The Apex Court in the case of Satendra Kumar Antil vs. Central Bureau of Investigation and another reported in ( 2021) 10 SCC 773.

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Learned A.G.A. has no objection.

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Considering the above submissions and taking into consideration the facts and circumstances of the case, it is

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provided that in case the applicant Nos. 1 and 3 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 The Apex Court in the case of Satendra Kumar Antil vs. Central Bureau of Investigation and another reported in ( 2021) 10 SCC 773.

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For a period of four weeks from today, no coercive action shall be taken against the applicant Nos. 1 and 3.

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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 :- 28.1.2023 Rajesh

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

Mohd. Iqbal Saifi and 4 Others v. State of U.P and Another

Case brief

What is this about?

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Mohd. Iqbal Saifi and 4 Others v. State of U.P and Another

Case brief

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