Disposed

Intiyaz Ali v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC27 Aug 2024/7462/2024

Case brief

AI extract

What is this about?

Application seeking quashing of charge sheet under S. 482 CrPC. Court gave liberty to file bail and discharge applications, directing trial court to dispose of them expeditiously and imposed a 30-day stay on coercive action.

What did the court decide?

Liberty to file bail and discharge application; trial court directed to decide them expeditiously; 30-day stay on coercive action by police.

Intiyaz Ali Vs State of U.P. Thru. Prin. Secy. Home Lko… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:58015

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7462 of 2024

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Applicant :- Intiyaz Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Razi Ahmad,Mohammad Alishah Faruqi Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.

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The present application has been filed for the following main relief:-

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"That the petitioner by means of the instant petition under Section 482 Criminal Procedure Code, 1973/now Sec. 528 The Bharatiya Nagrik Suraksha Sanhita, 2023, invokes the inherent power of this Hon'ble Court to quash the illegal charge sheet No. 01/2023 from the F.I.R No. 0067/2023, under section 380, 511 IPC & 4/25 Arms Act, P.S. Nagram, District Lucknow, pending before the Court of ACJM IInd, Lucknow along with the summoning order dated 23/01/2024 (collectively contained as Annexure no. 1 to this petition) passed against the petitioner."

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After arguing, at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 as also to prefer a discharge application before the court below and the same may be decided expeditiously.

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

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Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicant apply for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law.

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Liberty is also granted to the applicant to move discharge application before the court below and the same shall be

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decided expeditiously in accordance with law.

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Taking note of the facts of the case and also the observation made in the case of Satendra Kumar Antil (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicant apply for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case.

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With the aforesaid observations, the present application is disposed of.

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Order Date :- 27.8.2024 Vinay/-

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Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Intiyaz Ali v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Intiyaz Ali v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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