Disposed

Mohd Meraj v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

Allahabad HC12 Jan 2024/243/2024

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C., the High Court disposed of the petition at the admission stage. The court directed the applicant to file a bail application before the trial court within four weeks and directed the trial court to dispose of it expeditiously, relying on Satender Kumar Antil, without entering into the merits.

What did the court decide?

Petitioner permitted to file bail application before lower court within four weeks; lower court directed to dispose of it expeditiously.

Mohd Meraj Vs State of U.P. Thru. Prin. Secy… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:3622

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 243 of 2024

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Applicant :- Mohd Meraj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko And Another Counsel for Applicant :- Farooq Ayoob,Shafaq Fatima Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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1. Heard Ms. Pooja Tiwari, Advocate holding brief of Mr. Farooq Ayoob, learned counsel for the petitioner and the learned Additional Government Advocate for the State.

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2. In view of the proposed order, notice to opposite party no.2 is hereby dispensed with.

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3. By means of this petition filed under Section 482 Cr.P.C., the petitioner has prayed for quashing of the entire criminal proceedings initiated against the petitioner by issuing the summoning order dated 07.01.2023 by the learned Additional Chief Judicial Magistrate, Court No.17, Barabanki in Case No.345 of 2023 (State vs. Mohd. Meraj) arising out of Case Crime No.399 of 2021, under Sections 3/7 of Essential Commodities Act, Police Station-Fatehpur, District-Barabanki as well as the Charge-sheet No.77 of 2022 dated 18.03.2022.

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4. At the very outset, learned counsel for the petitioner has submitted that the petitioner is ready to appear/ surrender before the learned court below and file his bail application before the learned court below, therefore, direction may be issued to the learned court below for disposal of the bail application expeditiously in the light of the dictum of Apex Court rendered in the case in re: Satender Kumar Antil vs. CBI and others, Special Leave to Appeal (Criminal) No.5191 of 2021.

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5. Learned Additional Government Advocate has submitted that he has no objection if the direction for disposal of the bail application is issued.

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6. Accordingly, considering the innocuous prayer of learned counsel for the petitioner, without entering into the merits of the issue, the present petition is being disposed of at the admission stage with the permission to the petitioner to appear/surrender before the learned court below and file his bail application

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before the learned court below within a period of four weeks from today and if such application is filed by the petitioner before the learned court below within the aforesaid stipulated time, the court below concerned shall consider and decide the said bail application, expeditiously, strictly in accordance with law and in view of the dictum of Apex Court rendered in the case in re: Satender Kumar Antil vs. CBI and others, Special Leave to Appeal (Criminal) No.5191 of 2021.

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7. The petition is accordingly disposed of finally .

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[Rajesh Singh Chauhan,J.]

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Order Date :- 12.1.2024 Suresh/

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Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

Mohd Meraj v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

Case brief

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Mohd Meraj v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

Case brief

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