Disposed

Mohd. Iliyas Khan @ Shebu v. the State of U.P. Thru. the Prin. Secy. Home Deptt., Lko. and Others

Allahabad HC30 Sept 2024/8815/2024

Case brief

AI extract

What is this about?

This application under Section 482 Cr.P.C. was not allowed on merits. The court directed the applicant to appear before the trial court within two weeks and move an application for recall of the non-bailable warrant. Coercive action was stayed only during this period.

What did the court decide?

Direction to appear before the trial court within two weeks and seek recall of N.B.W. Coercive action stayed for two weeks.

Mohd. Iliyas Khan @ Shebu Vs the State of U.P. Thru. the… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:67685

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 8815 of 2024

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Applicant :- Mohd. Iliyas Khan @ Shebu Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Home Deptt., Lko. And Others Counsel for Applicant :- Samrat Gupta 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 A.G.A. for the State and perused the material on record.

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The present application under Section 482 Cr.P.C. read with Section 529 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been preferred by the applicant seeking following main relief :-

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" 1. To allow the petition U/s 482 Cr.P.C. and quash the order of learned court below dated 21.09.2021, passed against the petitioner pending in the court of learned Special Judicial Magistrate (A.T.S.), Lucknow in (State Versus Iliyas Khan @ Shebu) Case No.49896/2017, Crime No.0295/2016, under Section : 452/354/354B/323 I.P.C. at Police Station : Saadatganj, District Lucknow."

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Considering the facts and circumstances of the case as also the law laid down by the Hon'ble Apex Court in the case of Inder Mohan Goswami and another vs. State of Uttranchal and others reported in (2007) 12 SCC 1, Sunil Tyagi vs. Govt. of NCT of Delhi and another reported in 2021 SCC OnLine Del 3597 and Satender Kumar Antil versus Central Bureau of Investigation and another reported in (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and the statement of counsel for the applicant that the applicant would appear before the court concerned, it is provided that if the applicant appears before the court concerned within two weeks from today and move an

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appropriate application before the trial court including for recall of non-bailable warrant, the same shall be considered and decided by the trial court expeditiously strictly in accordance with law.

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For a period of two weeks, no coercive action shall be taken against the applicant so far as the proceedings in issue are concerned.

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In case, the applicant does not appear in terms of this order, coercive action shall be taken against him.

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The present application is disposed of in above terms.

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Order Date :- 30.9.2024 Anand/-

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

Mohd. Iliyas Khan @ Shebu v. the State of U.P. Thru. the Prin. Secy. Home Deptt., Lko. and Others

Case brief

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Mohd. Iliyas Khan @ Shebu v. the State of U.P. Thru. the Prin. Secy. Home Deptt., Lko. and Others

Case brief

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