Disposed

Mohammad Sufeeyan v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC19 Jul 2024A482/6327/2024

Case brief

AI extract

What is this about?

The applicant moved under Section 482 CrPC to quash proceedings under Prevention of Cow Slaughter and Animal Cruelty Acts. Instead of quashing, the High Court permitted the applicant to file a bail application and directed the lower court to hear it expeditiously within 30 days, directing police to refrain from coercive action.

What did the court decide?

Application disposed of with liberty to move bail application within 30 days; direction to lower court to decide bail expeditiously; police directed not to take coercive action for 30 days.

Mohammad Sufeeyan vs State of U.P. Thru. Prin… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:48809

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 6327 of 2024

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Applicant :- Mohammad Sufeeyan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Syed Ahmad Mehdi Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.

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The present application has been filed with a prayer to quash/set aside the order dated 22.04.2024 passed by learned Judicial Magistrate-III, Faizabad and quashing of proceedings of Criminal Case No. 266 of 2014 arising out of Charge Sheet No. 108 of 2023 dated 30.10.2013 in Case Crime No. 93/186 of 2013 under Sections 3/5A/8 of Prevention of Cow Slaughter Act, 1955 and Sections 11Ka, Gha, Da, Dha of Animal Cruelty Act, Police Station - Raunahi, District - Ayodhya.

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Considering the arguments of learned counsel for the parties and going through the record as also taking note of the same in the light of law laid down by Hon'ble Supreme Court in the cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq, another (Para-10) 2005 SCC (Cr.) 283 and Parabatbhai Ahir & Ors. Vs. State of Gujarat AIR 2017 SC 4843 , on being confronted, after arguing the matter at some length, learned counsel for the applicant submit that he does not want to press this application on merit and he confines his prayer only to the extent that applicant may be permitted to move bail application, before the

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court concerned and suitable directions may be issued that same may be heard and decided expeditiously, in accordance to law.

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Learned A.G.A. has no objection in grant of aforesaid prayer.

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The Apex Court, after considering the various pronouncements on the issues, in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No.5191 of 2021 has already laid down guidelines for grant of bail, without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail, no specific directions need to be issued by this Court as it is expected that the court concerned will take into consideration the necessary guidelines already issued by the Apex Court.

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Keeping in view the entirety of facts and circumstances of the case and having regard to the submissions of learned counsel for the applicant, the application is disposed of with liberty as prayed for and with a direction to the court below that if the applicant applies for bail before the Court below within 30 days from today, their prayer for bail shall be considered and decided expeditiously in accordance with law.

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Taking note of the facts of the case and also the observation made in the case of Satendra Kumar Antil (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officers concerned that for a period of 30 days from today or till the applicant applies for bail, whichever is earlier, they would not taken any coercive action against the applicant in the aforesaid case.

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With the aforesaid observations, the present application is disposed of.

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Order Date :- 19.7.2024 Mohit Singh/-

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Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Mohammad Sufeeyan v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Mohammad Sufeeyan v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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