Disposed

Makbool v. State of U.P. and Another

Allahabad HC8 Feb 2023A482/43273/2022

Case brief

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What is this about?

High Court Court No. 72 disposed of a quashing application under Section 482 Cr.P.C. allowing the applicant to waive quashment and file a bail application based on Satendra Kumar Antil guidelines, granting a 45-day non-coercive action period.

What did the court decide?

Applicant directed to move bail within four weeks; no coercive action for 45 days; order valid contingent on compliance.

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

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 43273 of 2022

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Applicant :- Makbool Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rizwan Ullah Siddiqui 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 applicant, 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 summoning order dated 12.05.2022 passed by learned Special Judge S.C./S.T./ Act, Saharanpur against the applicant in Special Session Trail No. 1164 of 2021 arising out of Case Crime No.38 of 2021 (State of U.P. Vs. Mustakeem), under Sections 420, 506, 323, 504 I.P.C. and section 3(2)(5)ka of S.C./S.T. Act, Police Station Nakur, District Saharanpur pending before the court of learned Special Judge S.C./S.T. Act, District Saharanpur.

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At the very outset, learned counsel for the applicant 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 submission and taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears 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 theguidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra).

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For a period of 45 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 applicant.

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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 :- 8.2.2023 Pawan Patel

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

Makbool v. State of U.P. and Another

Case brief

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Makbool v. State of U.P. and Another

Case brief

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