Disposed

Mohd. Aslam and 6 Others v. State of U.P. Thru. Addl. Chief Secy. Home and Another

Allahabad HC18 Sept 2024/8380/2024

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 CrPC praying to quash criminal proceedings. The Court granted liberty to the applicants to approach the trial court for bail and discharge, directing that such applications be decided expeditiously. Additionally, the Court restrained the police from taking coercive action for 30 days.

What did the court decide?

Application disposed of with liberty to apply for bail and discharge before the trial court and a direction to the police to not take coercive action for 30 days.

Mohd. Aslam and 6 Others Vs State of U.P. Thru… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:64155

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 8380 of 2024

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Applicant :- Mohd. Aslam And 6 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home And Another Counsel for Applicant :- Manmohan Singh,Sandeep Kumar Ojha 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 with the prayer to quash the entire impugned criminal proceedings of Criminal Case No. 6314 of 2021, arising out of Case Crime No. 110 of 2017 under Section 147, 148, 323, 324, 504, 506, 336, 325, 308 IPC & 7 of Criminal Law Amendment Act, Police Station-Kurebhar, District-Sultanpur as well as Charge sheet dated 14.04.2017 including summoning order dated 04.07.2017 and also NBW dated 08.01.2024.

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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 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 applicants apply for bail, whichever is earlier, he 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 :- 18.9.2024 Vinay/-

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

Mohd. Aslam and 6 Others v. State of U.P. Thru. Addl. Chief Secy. Home and Another

Case brief

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Mohd. Aslam and 6 Others v. State of U.P. Thru. Addl. Chief Secy. Home and Another

Case brief

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