Nuzhat Abidi and Another Vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2024)

Nuzhat Abidi and Another Vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Application disposed of with liberty to the applicants to file a bail application before the trial court and a discharge application before the court below, both to be decided expeditiously in accordance with law; interim direction that no coercive action be taken against the applicants for 30 days or till they apply for bail, whichever is earlier.

Issue for consideration

Whether the charge sheet dated 09.04.2024 filed in Criminal Case No. 72716 of 2024 (arising out of FIR No. 0521 of 2023) and the summoning order dated 16.07.2024 should be quashed.

Court's answer

The application was disposed of without deciding the quashing prayer on merits, with liberty to the applicants to apply for bail before the trial court, and the court below was directed to consider and decide such bail prayer expeditiously in accordance with law.

Ratio / Principle

Liberty was also granted to the applicants to move a discharge application before the court below, which shall be decided expeditiously in accordance with law.

Key takeaways

Taking note of the observations in Satendra Kumar Antil (Supra), the Court directed that the police officer concerned shall not take any coercive action against the applicants for a period of 30 days from the order or till the applicants apply for bail, whichever is earlier.ratio¶12

Detailed headnote1 paragraphs

Application U/S 482 seeking quashing of charge sheet dated 09.04.2024 in Criminal Case No. 72716 of 2024 (State of U.P. vs. Salman Haider and others), arising out of FIR No. 0521 of 2023 under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Thakurganj, District Lucknow, and of summoning order dated 16.07.2024 — disposed of with liberty to the applicants to apply for bail before the trial court and to move a discharge application before the court below, both to be decided expeditiously; taking note of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51, the police officer concerned was directed not to take any coercive action against the applicants for 30 days or till they apply for bail, whichever is earlier.

Neutral Citation No. - 2024:AHC-LKO:61520

Court No. - 13

Case :- APPLICATION U/S 482 No. - 7930 of 2024 Applicant :- Nuzhat Abidi And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Syed Sajjad Imam Rizvi Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Vakalatnama filed by Sri Abdul Ahad, Advocate on behalf of complainant in the Court today is taken on record.

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

The present application has been filed by the applicants to quash the charge sheet dated 09.04.2024 filed in Criminal Case No. 72716 of 2024 (State of U.P. vs. Salman Haider and others), arising out of FIR No. 0521 of 2023, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station- Thakurganj, District- Lucknow as well as the summoning order dated 16.07.2024.

After arguing at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants 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.

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

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 applicants apply for bail before the Court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law.

Liberty is also granted to the applicants to move discharge application before the court below and the same shall be decided expeditiously in accordance with law.

Taking note of the facts of the case and also the observations 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 applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case.

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

Order Date :- 6.9.2024 Arun/-

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