Disposed

Ashraf Ali and Others v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC11 Jan 2024A482/185/2024

Case brief

AI extract

What is this about?

The High Court (Lucknow Bench) disposed of a S. 482 Cr.P.C. application without quashing criminal proceedings. It directed that applicants move for bail before the lower court within two weeks to have their case considered per Satendra Kumar Antil and prohibited coercive action until bail disposal.

What did the court decide?

Exemption from coercive action for two weeks if applicants move a bail application to the court below.

Ashraf Ali and Others vs State of U.P. Thru. the Prin… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:2989

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 185 of 2024

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Applicant :- Ashraf Ali And Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Nijam Ahamad Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard learned counsel for the applicants and learned AGA for the State.

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The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No.35 of 2021, State Vs. Ohaab alias Wahab and others, arising out of Case Crime No.231 of 2020, under Sections-147, 148, 323, 324, 354-Kha, 427, 504 and 506 IPC, Police Station-Raje Sultanpur, District-Ambedkar Nagar, pending in the court of learned Additional Chief Judicial Magistrate, Ambedkar Nagar as well as impugned chargesheet no.272/2020 dated 9.9.2020 as well as summoning order dated 29.11.2023.

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At the very outset, learned counsel for the applicants submits that the applicants do not want to press the prayer for quashing the proceeding of impugned criminal case and submits that they want to surrender and apply for bail if suitable protection is granted to them.

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Considering the aforesaid submission, the present application is disposed of with a direction that if the applicants surrender and moves an application for bail before the court below within two weeks from today, then their application shall be considered in view of the law laid down by the Apex Court in Satendra Kumar Antil vs. Central Bureau of Investigation and Another, (2021) 10 SCC 773 .

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For a period of three weeks or till disposal of the bail application, whichever is earlier, no coercive action shall be taken against the applicants-Ashraf Ali, Shamsher Ahmad, Mohd. Amir, Sufiyan Ahmad, Munawwar, Ohaab alias Wahab and Ahmad Ali.

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Order Date :- 11.1.2024 S.Chaurasia

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Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad, Lucknow Bench

Ashraf Ali and Others v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Another

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Ashraf Ali and Others v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Another

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