Disposed

Anwar Ali v. State of U.P. Thru. Prin. Secy. Home Govt. Civil Sectt. Lko and Another

Allahabad HC11 Jan 2024A482/190/2024

Case brief

AI extract

What is this about?

The High Court disposed of the Section 482 petition at the admission stage without entering into merits, permitting the applicant to surrender and file a bail application within four weeks, directing the trial court to decide it expeditiously.

What did the court decide?

Permission granted to surrender and file bail application within four weeks; trial court directed to dispose of bail expeditiously.

Anwar Ali vs State of U.P. Thru. Prin. Secy. Home Govt… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:3180

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 190 of 2024

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Applicant :- Anwar Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Civil Sectt. Lko And Another Counsel for Applicant :- Atiya Abid,Safiya Abid Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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1. Heard Ms. Atiya Abid, learned counsel for the petitioner and Ms.Nushrat Jahan, learned Additional Government Advocate for the State.

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2. In view of the proposed order, 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 Charge-sheet arising out of Crime No.262 of 2020, under Sections 147,148, 149, 323, 504, 188, 269 & 270 I.P.C. and Section 51 of the Disaster Management Act, 2005, Section 7 of the Criminal Amendment Act, 1932, Sections 3 (1) (Da), 3 (1) (Dha), 3 (2) (V), 3 (2) (Va) of S.C./S.T. Act, Police Station-Baghrai, District-Pratapgarh as well as the cognizance and summoning order dated 02.07.2021 passed by the learned Prabhari Special Judge S.C./S.T. Act, Pratapgarh (State vs. Asif Ali and 12 others) and all the consequential proceedings pending in the court of Special Judge, S.C./S.T. Act, Pratapgarh.

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4. At the very outset, learned counsel for the petitioner has submitted that the petitioner is ready to appear/ surrender before the learned court below and file his bail application and direction may be issued to the learned court below for disposal of the bail application expeditiously in the light of the dictum of Apex Court rendered in the case in re: Satender Kumar Antil vs. CBI and others, Special Leave to Appeal (Criminal) No.5191 of 2021.

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

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6. Accordingly, without entering into the merits of the issue, the present petition is being disposed of at the admission stage with

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the permission to the petitioner to appear/surrender before the learned court below and file his bail application before the learned court below within a period of four weeks from today and if such application is filed by the petitioner before the learned court below within the aforesaid stipulated time, the court below concerned shall consider and decide the said bail application, expeditiously, strictly in accordance with law and in view of the dictum of Apex Court rendered in the case in re: Satender Kumar Antil vs. CBI and others, Special Leave to Appeal (Criminal) No.5191 of 2021.

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7. The petition is accordingly disposed of finally .

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[Rajesh Singh Chauhan,J.]

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Order Date :- 11.1.2024 Suresh/

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

Anwar Ali v. State of U.P. Thru. Prin. Secy. Home Govt. Civil Sectt. Lko and Another

Case brief

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Anwar Ali v. State of U.P. Thru. Prin. Secy. Home Govt. Civil Sectt. Lko and Another

Case brief

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