Disposed

Smt. Shameem Bano and Another v. State of U.P. Thru. Its Prin.Secy. Home and Another

Allahabad HC3 Jun 2024/4687/2024

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 Cr.P.C. seeking quashing of proceedings. The court allowed the applicants liberty to file a bail application before the trial court, which would be decided expeditiously per Satender Kumar Antil.

What did the court decide?

Liberty granted to move a bail application before the trial court for expeditious hearing. Adjournment of the present application.

Smt. Shameem Bano and Another Vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:42323

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 4687 of 2024

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Applicant :- Smt. Shameem Bano And Another Opposite Party :- State Of U.P. Thru. Its Prin.Secy. Home And Another Counsel for Applicant :- Girdhari Lal Shukla,Seeta Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash Shukla,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record.

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The instant application under Section 482 Cr.P.C has been filed with the following relief:-

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(i) To set aside the entire proceeding of the proceeding of criminal case no. 779 of 2023 arise out of case crime/FIR No.0609 of 2023, under section- 323/504/506 I.P.C. Police Station-Kotwali Nagar, District-Gonda as well as summoning order dated 15.12.2023 passed by the court of Chief Judicial Magistrate, Gonda, which is contained as Annexure no.1&2 to this petition.

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(ii) To stay the proceeding of criminal case no. 779 of 2023 arise out of case crime/FIR No.0609 of 2023, under section- 323/504/506 1.P.C. Police StationKotwali Nagar, District-Gonda as well as summoning order dated 15.12.2023 passed by the court of Chief Judicial Magistrate, Gonda.

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Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the present case with false and frivolous allegations. The applicants have not committed alleged offence.

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On the other hand, learned AGA has submitted that prima facie, the offence is made out against the applicants. It is further submitted that these are disputed questions of fact, which can be adjudicated only after adducing the evidence. He further controverts the submissions of learned counsel for the applicants on the ground that this is not a stage where minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial and, therefore, the application is misconceived and liable to be dismissed.

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At this stage, learned counsel for the applicants submits that they do not want to press the application and seek liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2022) 10 SCC 51 .

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

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On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicants appear before the trial court and file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra) .

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Further, the applicants will have an opportunity at the appropriate stage to move application for discharge taking therein all the pleas factual and legal which may be available to them, in accordance with law. In case, such an application is moved before the trial court, the trial court shall dispose of the same by a speaking and reasoned order strictly, on its own merit.

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The application is disposed of accordingly.

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Order Date :- 3.6.2024 Gurpreet Singh

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Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench

Smt. Shameem Bano and Another v. State of U.P. Thru. Its Prin.Secy. Home and Another

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Smt. Shameem Bano and Another v. State of U.P. Thru. Its Prin.Secy. Home and Another

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