Disposed

Mohd. Tabish v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and Another

Allahabad HC18 Sept 2024A482/8372/2024

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What is this about?

Hearing an application under Section 482 CrPC for quashing of a charge sheet and cognizance order, the Court disposed of the petition granting liberty to file bail and discharge applications, directing the trial court to decide them expeditiously and prohibiting coercive action for 30 days.

What did the court decide?

Liberty granted to file bail and discharge applications; direction to trial court to decide expeditiously; 30-day stay on coercive action.

Mohd. Tabish vs State of U.P. Thru. Prin. Secy. Deptt. of… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:64157

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 8372 of 2024

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Applicant :- Mohd. Tabish Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Bhoopendra Pratap Singh,Ajeet Kumar Mishra 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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Instant application has been preferred by the applicant(s)/petitioner(s) for the following main relief:-

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set-aside the impugned charge sheet dated 3.3.2024 arising out of Case Crime No.36/2024, Under Sections: 406, 506, 384 IPC, Police Station: Kotwali, District: Unnao as well as cognizance/summoning order dated 5.7.2024 passed by learned Chief Judicial Magistrate, Unnao in Criminal Case No.14046/2024 (State Versus Mohd. Tabish) including entire criminal proceeding initiated in pursuance thereof, as contained in Annexure No. 1&2 respectively to this Petition.

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It is also prayed that this Hon'ble Court may kindly be pleased to stay the entire proceeding initiated in pursuance of the impugned charge sheet dated 3.3.2024 arising out of Case Crime No.36/2024, Under Sections: 406, 506, 384 IPC, Police Station: Kotwali, District: Unnao as well as cognizance/summoning order dated 5.7.2024 passed by learned Chief Judicial Magistrate, Unnao in Criminal Case No.14046/2024 (State Versus Mohd. Tabish) during pendency of the instant petition in the interest of justice."

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After arguing, at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant 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, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 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 applicant.

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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 applicant 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 applicant 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 applicant apply for bail, whichever is earlier, he would not take 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 :- 18.9.2024 Vinay/-

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Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Tabish v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and Another

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Mohd. Tabish v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and Another

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