Disposed

Mohd. Faruk Siddiqui @ Mohd. Faruk and 2 Others v. State of U.P. Thru. Prin. Secy. Home Civil Secy. Lko. and Another

Allahabad HC11 Sept 2024/8162/2024

Case brief

AI extract

What is this about?

The High Court disposed of a Section 482 CrPC application seeking quashing of a summoning order and stay of criminal proceedings. The Court granted liberty to file bail and discharge applications before the trial court and directed the police not to take coercive action for 30 days.

What did the court decide?

Liberty granted to file bail and discharge applications before trial court with direction for expedited disposal; police directed to refrain from coercive action for 30 days.

Mohd. Faruk Siddiqui @ Mohd. Faruk and 2 Others… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:62789

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 8162 of 2024

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Applicant :- Mohd. Faruk Siddiqui @ Mohd. Faruk And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secy. Lko. And Another

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Counsel for Applicant :- Ram Kewal Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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

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The present application has been filed by the applicants for the following main reliefs:-

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to set aside the summoning order dated 26.07.2024 passed by Civil Judge (J.D.)/J.M. Utraula, Balrampur in Criminal Case No.-724/2024 at F.I.R./Case Crime No.-309/2023 U/s406/504/506 I.P.C. Police Station Kotwali Utraula District Balrampur (State Versus Ram Samujh & others) and Charge Sheet No.-01/2024 dispatched on 26.04.2024 at Case Crime No.-309/2023 U/s406/504/506 I.P.C. Police Station Kotwali Utraula District Balrampur (State Versus Ram Samujh & others) submitted by the Investigating Officer contained as Annexure No.-1 & 2 to this petition/application.

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It is further prayed that this Hon'ble Court during the pendency of the petition the proceeding of the Criminal Case No.-724/2024 at F.I.R./Case Crime No.- 309/2023 U/s-406/504/506 I.P.C. Police Station Kotwali Utraula District Balrampur (State Versus Ram Samujh & others) pending in the Civil Judge (J.D.)/J.M. Utraula, Balrampur be stayed in the interest of justice."

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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.

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

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

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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.

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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.

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

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Order Date :- 11.9.2024 Arun/-

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

Mohd. Faruk Siddiqui @ Mohd. Faruk and 2 Others v. State of U.P. Thru. Prin. Secy. Home Civil Secy. Lko. and Another

Case brief

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Mohd. Faruk Siddiqui @ Mohd. Faruk and 2 Others v. State of U.P. Thru. Prin. Secy. Home Civil Secy. Lko. and Another

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