Disposed

Asjadullah v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Govt. Lko. and Another

Allahabad HC10 Jan 2024A482/160/2024

Case brief

AI extract

What is this about?

This is an order disposing of an application under Section 482 Cr.P.C. at the admission stage. The court dispensed with notice to one party and granted liberty to the applicant to surrender, appear, and file a bail application within fifteen days for expedition.

What did the court decide?

Petition disposed of; liberty granted to surrender and file bail application with expedition within fifteen days.

Asjadullah vs State of U.P. Thru. Prin. Secy. Deptt. of… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:2532

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 160 of 2024

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Applicant :- Asjadullah Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Govt. Lko. And Another Counsel for Applicant :- Shiv Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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1. Heard learned counsel for the petitioner and the learned Additional Government Advocate for the State.

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2. In view of the proposed order, the notice to opposite party No.2 is hereby dispensed with.

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3. By means of this petition filed under Section 482 Cr.P.C., the petitioner has prayed for quashing of the impugned Chargesheet No.01 of 2020 dated 26.04.2020 filed in Criminal Case No.08 of 2020 (State vs. Zeeshan Ahmad and others), under Section 3 (1) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 in Case Crime No.45 of 2019, Police Station-Sadulla Nagar, District-Balrampur as well as also to quash the non-bailable warrant dated 24.11.2023 issued by the learned Additional District Judge/ Special Judge POCSO Act, Balrampur.

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4. After arguing the matter at some length, learned counsel for the petitioner has requested that the petitioner may be given liberty to surrender before the court below and file his bail application but the direction may be issued to dispose of the aforesaid bail application with expedition without giving any unnecessary adjournment.

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5. Learned Additional Government Advocate has stated that if the direction for early disposal of the bail application is issued, he has no objection.

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6. In view of the above, the instant petition is being disposed of finally at the admission stage permitting the petitioner to surrender/ appear before the learned court concerned and file his bail application with expedition preferable within a period of fifteen days from today and if the petitioner appears/ surrenders before the learned court concerned and files the bail application relating to the aforesaid case crime number within

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the aforesaid stipulated time, the same may be considered and disposed of strictly in accordance with law by affording an opportunity of hearing to the parties concerned with expedition without giving any unnecessary adjournment to the parties concerned.

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7. Accordingly, the instant petition is disposed of finally.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 10.1.2024 Suresh/

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Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

Asjadullah v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Govt. Lko. and Another

Case brief

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Asjadullah v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Govt. Lko. and Another

Case brief

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