Dismissed

Saddam Alias Saddam Ali and Another v. State of Up and 3 Others

Allahabad HC22 Aug 2024A482/27654/2024

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed an application under Section 482 Cr.P.C. filed as a second challenge to the same criminal proceedings. The court held the application was not maintainable as it was filed in the absence of liberty accorded after dismissing an earlier similar petition.

What did the court decide?

The application for quashing the charge sheet, summoning order, and trial proceedings is dismissed.

Saddam Alias Saddam Ali and Another… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:181753

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 27654 of 2024

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Applicant :- Saddam Alias Saddam Ali And Another Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Umair Mahmood Counsel for Opposite Party :- G.A.

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Hon'ble Vikas Budhwar,J.

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Sri Umair Mahmood, learned counsel for the applicants submits that earlier the applicants have preferred an Application U/S 482 No.23175 of 2024 (Saddam vs. State of U.P. & 3 others) wherein the following order has been passed:-

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"Shri Sarve Nazir, learned counsel for the applicant and Shri R.K. Singh, learned A.G.A. for the State are present. Present application under Section 482, Cr.P.C. has been filed by the applicant to quash the entire proceedings of special case No. 247 of 2016 (State of U.P. Vs. Saddam), arising out of case crime No. 168 of 2015, under Sections 363, 366, 376, I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, Police Station Dilari, District Moradabad, pending in the court of Special Judge (POCSO Act), Court No. 3, Moradabad.

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After some arguments, learned counsel for the applicant does not want to press this application and the same may be dismissed as not pressed. The instant application is dismissed as not pressed accordingly. Office shall return the certified copy of the documents to the learned counsel for the applicant, after retaining a xerox of the same."

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Now a present application has been preferred against the Charge sheet no. 157 of dated 21.11.2015 and summoning order dated 11.02.2016 passed by Special Judge POCSO Act Court no.3 Moradabad, arising out of case crime no. 191 of 2015 as well as entire proceedings of session trial no. 247 of 2016 (State of U.P. Vs. Saddam alias Saddam Ali) arising out of case crime no. 191 of 2015 under section 363,366,376 IPC and 3/4 POCSO Act at P.S. Dilari, District- Moradabad, pending in the court of Special Judge POCSO act court no.3, Moradabad.

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A statement has been made by the learned counsel for the applicants that earlier application was also filed challenging the proceedings which is being subject matter of challenge though due to typographical error case crime number was typed as 168 of 2015 which is 191 of 2015, baring the same there is no difference.

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Since technically this is the second 482 Application preferred by the applicants that too in absence of any liberty being accorded post dismissal of the earlier application, thus this Court does not find the same is not maintainable.

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Accordingly, the application stands dismissed .

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Order Date :- 21.11.2024/piyush

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Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad

Saddam Alias Saddam Ali and Another v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

Saddam Alias Saddam Ali and Another v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

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