Dismissed

Mohd Shahriyan and 4 Others v. State of U.P. and Another

Allahabad HC14 Aug 2024A482/16424/2024

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Dismissed

Mohd Shahriyan and 4 Others vs State of… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:132271

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 16424 of 2024 Applicant :- Mohd Shahriyan And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Praveen Mishra,Satyendra Kumar Mishra,Vijay Rai Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Akhilesh Kumar Singh, Advocate holding brief of Sri Satyendra Kumar Mishra, learned counsel for the applicants, Sri Ajay Singh, learned A.G.A-1 for the State and perused the record.

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The present application under Section 482 Cr.P.C. has been filed by the applicants-Mohd. Shahriyan, Mohd. Zeeshan, Mohammad Shakeel, Ishrat Ali and Mohd. Rasid with the prayer to allow the present application and quash the chargesheet dated 3.6.2023 and entire criminal proceeding of Case No.116297 of 2023 arising out of case crime no. 42 of 2022 as well as summoning order dated 9.6.2023 passed by Metropolitan Magistrate-5, District Kanpur Nagar u/s 147, 148, 153, 332, 353 IPC, P.S. Bekanganj, District Kanpur Nagar with a further prayer that further proceedings of the aforesaid case be stayed against the applicants during the pendency of the present application.

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After arguments on merits at length learned counsel for the applicants states that he does not want to press the prayers made in the present petition. He states that the purpose of the applicants would be served if they are permitted to appear before the trial court within a period of two weeks from today and file a regular bail application.

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Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicants.

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In view of the above, the prayer as prayed for is dismissed as not pressed.

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However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicants, it is directed that if the accused-applicants appear and apply for bail before the court concerned within two weeks from today, the same shall be considered and decided in accordance with law.

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The present application is disposed of.

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(Samit Gopal, J.)

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Order Date :- 14.8.2024 Gaurav Kuls

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Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad

Mohd Shahriyan and 4 Others v. State of U.P. and Another

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Mohd Shahriyan and 4 Others v. State of U.P. and Another

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