Disposed

Imran Ahmad and 3 Others v. State of U.P. Thru. the Prin. Secy. Deptt. of Home Lko and Another

Allahabad HC25 Jul 2024A482/6544/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., this single-judge High Court dismissed the quash petition but granted liberty to the applicants to seek bail and discharge. The court directed the trial court to dispose of such applications expeditiously and the police to refrain from coercive action for 30 days.

What did the court decide?

Application disposed with liberty to file bail and discharge applications; police directed to refrain from coercive action for 30 days.

Imran Ahmad and 3 Others vs State of U.P. Thru… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:50221

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 6544 of 2024

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Applicant :- Imran Ahmad And 3 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Upendra Prakash Pathak Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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

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The present application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief:-

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may become pleased to prevent the abuse of process of law and secure the ends of justice.

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It is also prayed that this Hon'ble Court may become pleased to quash the Summoning Order dated 29.06.2024 passed by Learned Additional Chief Judicial Magistrate Court No. 17 Barabanki, as well as to quash the charge sheet dated 14.02.2024 and also set aside the entire proceeding of the Criminal Trial arising out of Case Crime No. 672 of 2023, Under Section 406,420,352,506 I.P.C., Police StationDewan, District-Barabanki (State Vs Israr Ahmad and others) pending in the court of Learned Additional Chief Judicial Magistrate Court No. 17 Barabanki."

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After arguing at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri) No. 5191 of 2021 as also to prefer a discharge application before the court below and the same may be decided expeditiously.

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Learned AGA has no objection to the prayer made by learned counsel for the applicants.

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Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicants apply for bail before the Court concerned, his prayer for bail shall be considered and

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decided expeditiously in accordance with law.

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Liberty is also granted to the applicants to move discharge application before the court below and the same shall be 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 Officer concerned that for a period of 30 days from today or till the applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case.

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

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Order Date :- 25.7.2024

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Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Imran Ahmad and 3 Others v. State of U.P. Thru. the Prin. Secy. Deptt. of Home Lko and Another

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Imran Ahmad and 3 Others v. State of U.P. Thru. the Prin. Secy. Deptt. of Home Lko and Another

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