Dismissed

Mohammad Majid and 2 Others v. State of U.P. and Another

Allahabad HC27 Feb 2023A482/43164/2022

Case brief

AI extract

What is this about?

The High Court dismissed the withdrawn Section 482 Cr.P.C. application for quashing charges. liberty to file a bail application before the lower court was granted, with directions for expeditious disposal of the bail plea and a 20-day stay on coercive action.

What did the court decide?

Application dismissed as withdrawn with liberty to file bail; no coercive action against applicants for 20 days; lower court to decide bail expeditiously.

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

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Court No. - 51

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Case :- APPLICATION U/S 482 No. - 43164 of 2022

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Applicant :- Mohammad Majid And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vikram D. Chauhan,J.

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Heard learned counsel for the applicants and learned AGA for the State-respondent.

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This application under Section 482 Cr.P.C. has been filed by applicants for quashing the charge sheet dated 24.2.2021 as well as cognizance/summoning order dated 28.9.2021 in Case No.365 of 2021, State Vs. Majid and others, arising out of Case Crime No.618 of 2020, under Sections 498A, 354, 323, 506 I.P.C. and 3/4 D.P. Act, Police Station Delhi Gate, District Aligarh pending in the court of Chief Judicial Magistrate, Aligarh.

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After some argument, learned counsel for the applicants states that he may be permitted to withdraw this application filed under Section 482 Cr.P.C. with liberty to file bail application before the court below.

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Learned AGA has no objection to the prayer made by learned counsel for the applicants.

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Under the circumstances, the present application under Section 482 Cr.P.C. is dismissed as withdrawn with liberty to applicants to approach the court concerned for bail. In order to enable the applicants to approach the court concerned for bail, for a period of 20 days, no coercive action shall be taken against the applicants. In case, the bail application is preferred by the applicants before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party. While considering the bail application of the applicants, the court below shall keep in mind the principles of law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

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The application under Section 482 Cr.P.C. is dismissed as withdrawn with the aforesaid liberty and direction.

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Order Date :- 27.2.2023

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Bhaskar

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Digitally signed by :- BHASKAR High Court of Judicature at Allahabad

Mohammad Majid and 2 Others v. State of U.P. and Another

Case brief

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Mohammad Majid and 2 Others v. State of U.P. and Another

Case brief

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