Disposed

Munni and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Allahabad HC19 Nov 2024NA528/60/2024

Case brief

AI extract

What is this about?

This writ petition sought quashing of a charge sheet and stay of criminal proceedings under SC/ST Act and BNS. The court disposed of the application granting liberty to move for bail and discharge, with a direction restraining police from coercive action for 30 days.

What did the court decide?

Application disposed with liberty to move bail and discharge applications; police restrained from coercive action for 30 days.

Munni and Another vs State of U.P. Thru. Prin. Secy. Home… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:76087

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Court No. - 12

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Case :- APPLICATION U/S 528 BNSS No. - 60 of 2024

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Applicant :- Munni And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- D.P. Dutt Tiwari,Anil Kumar Singh,Mayank Singh 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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"That for the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quashed/set aside the Impugned Charge Sheet No. 01 of 2024 dated 15.09.2024, under section 351(2), 352 of Bhartiya Nyaya Sanhita. 2023 and Section 3[2] (va), 3(1)(r), 3(1)(s) of The Scheduled Castes and the Scheduled Tribes, (Prevention of Atrocities) Act, arising out of Case Crime No. 0228 of 2024, Police Station Mandion, District Lucknow, which has been filed before the Learned Special Judge S.C./S.T. Act, Lucknow, and further quashing of entire criminal proceeding of Sessions Trial No. 2388/2024 (State Versus Sunil Honda & others) registered against petitioners on the basis aforesaid impugned charge sheet, including Cognizance and summoning order dated 01.10.2024, pending before Learned Special Judge S.C./S.T. Act, Lucknow, to prevent abuse of process of Court or otherwise to secure ends of Justice, which is contained as Annexure No. 1 & 2 to this petition.

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It is further prayed that this Hon'ble Court may kindly be pleased to stay the proceeding of Sessions Trial No. 2388/2024 (State Veraus Sunil Honda & others) pending before Learned Special Judge S.C./ST. Act, Lucknow, during the pendency of the present case."

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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

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for bail before the Court concerned, his prayer for bail shall be considered and 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 :- 19.11.2024 Vinay/-

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

Munni and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Case brief

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Munni and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Case brief

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