Disposed

Aslam Rainee @ Mohhamad Aslam v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Allahabad HC11 Dec 2024A482/11229/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the applicant sought to quash criminal proceedings under Sections 188, 269, 270, and 171-H IPC and Section 3 of the Epidemic Diseases Act, 1897, arguing violation of legal principles. The court issued directions to the opposite party and stayed proceedings pending further orders.

What did the court decide?

Stayed further proceedings of Criminal Case No.8152 of 2023 and operation of the summoning order dated 06.02.2023 pending disposal.

Aslam Rainee @ Mohhamad Aslam vs State of U.P. Thru… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 11229 of 2024

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Applicant :- Aslam Rainee @ Mohhamad Aslam Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- S M Singh Royekwar,Vaibhav Saxena

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Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri S.M. Singh Royekwar, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned AGA for the State.

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Issue notice to opposite party no.2 returnable at an early date.

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Steps within a week. Office to proceed accordingly.

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By means of this application under Section 482 Cr.P.C., the applicant has prayed following reliefs:-

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"That, in view of the full facts and circumstances which have been disclosed in the accompanying affidavit and annexures therein and which may be read in support of present petition filed U/Sc. 482 of the Cr.P.C. now 528 BNSS 2023 it is expedient in the interest of justice that this Hon'ble Court may graciously be pleased to quash the entire proceedings of criminal case no. 8152/2023, U/Sc. 269, 270, 171-H IPC pending before the Court of Learned Nyayadhikari, Gram Nyayalay- Ikona, Shravasti, including the charge sheet dated 08.05.2022 bearing no. A24/2022 and the summoning order dated 06.02.2023 passed therein which has arisen out of case crime no. 12/2022 which was initially registered U/Ss. 188, 269, 270, 171-H IPC & Sc. 3 of the Epidemic Diseases Act, 1897 at Police Station- Navin Modern Police Thana, Shrawasti.

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It is prayed that further proceedings of the above said case be stayed during pendency of the present petition.

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It is further prayed that any other order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, may also be passed, in the interest of justice."

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Learned counsel for the applicant has stated that in the present case, Section 188 IPC is the main offence and other offences are said to have been committed in the course of the same transaction of the offence under Section 188 IPC, so it is not possible to split up and hold the prosecution of the accused for the offences for which complaint in writing is not necessary. In the present case, learned court below violated the settled

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proposition of law on the point as reference thereof has been given in para-14 of the application and attention has been drawn towards Annexure No.5 of the application, which is a judgment and order dated 03.01.2024 passed by this Court in Application U/S 482 No.12525 of 2023, Israr Ahmad Vs. State of U.P. and Another, following the aforesaid proposition of law, allowed the petition quashing the charge sheet and summoning order.

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Matter requires consideration.

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Let counter affidavit be filed within a period of three weeks. Rejoinder affidavit, if any, may be filed within a period of one week thereafter.

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List this case in the week commencing 20.01.2025.

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Till the next date of listing, further proceedings of Criminal Case No.8152 of 2023 (supra) and operation of summoning order dated 06.02.2023 shall remain stayed.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 11.12.2024 RBS/-

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Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Aslam Rainee @ Mohhamad Aslam v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Case brief

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Aslam Rainee @ Mohhamad Aslam v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Case brief

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