Disposed

Nasruddin and 5 Others v. State of U.P. and Another

Allahabad HC14 Aug 2024A482/23339/2024

Case brief

AI extract

What is this about?

The applicant filed an application under Section 482 Cr.P.C. to quash charge sheet, cognizance order, proceedings and non-bailable warrants in a criminal case. The Court directed that no coercive action be taken for 15 days or until the applicant moves the trial court, stating the matter should be decided expeditiously. The application was disposed of accordingly.

What did the court decide?

No coercive action to be taken against applicants for 15 days or until they move the trial court to set aside the impugned order.

Nasruddin and 5 Others vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:132086

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 23339 of 2024

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Applicant :- Nasruddin And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Yadav,Vandana Rai Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present application under Section 482 Cr.P.C., has been filed for quashing of the charge sheet dated 09.05.2021, order taking cognizance dated 30.07.2022 and proceedings initiated in pursuance thereof at Case No. 26957 of 2022 (State Vs. Kamaludeen and others), arising out of FIR at case crime no. 1052 off 2020, under Sections 147, 148, 149, 323, 332, 353, 504, 336, 307, 352, 188, 269, 270 IPC and 3 Epidemic Act, 1987, 51(b) of the Disaster Management Act, 2005 and 7 Criminal Law Amendment Act, Police Station Quarsi, District Aligarh including the non bailable warrants dated 12.02.2024, pending before the District and Sessions Judge, Aligarh.

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It has been argued by the learned counsel for applicant that impugned order is against the facts and law. The applicant nos. 5 and 6 are the students. Learned counsel for the applicants further submits that the matter has already been amicably settled between the parties outside the Court but the Investigating Officer of the case, without considering the compromise, has filed the charge sheet against the applicants and accordingly, summons were issued and thereafter non-bailable warrants were issued against the

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applicants vide order dated 12.02.2024.

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Per contra learned A.G.A has opposed.

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Considering the facts and circumstances of the matter, it is directed that in case the applicant appears and move appropriate application before the trial Court for setting aside the impugned order, the same shall be decided expeditiously in accordance with law. For a period of 15 days or till the applicant move an application before the trial Court, whichever is earlier, no coercive action shall be taken against the applicant.

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The application is disposed of accordingly.

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Order Date :- 14.8.2024 Prajapati

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Justice Vinod Diwakar

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Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad

Nasruddin and 5 Others v. State of U.P. and Another

Case brief

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Nasruddin and 5 Others v. State of U.P. and Another

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