Dismissed

Muqeem Khan v. State of U.P. and 2 Others

Allahabad HC14 Feb 2025CRLP/2721/2025

Case brief

AI extract

What is this about?

Writ petition sought quashing of an FIR under Sections 64, 351(2), 308(2) and 75 of the BNS at Aligarh and protection from arrest. The court held it was not a fit case for quashing and dismissed the petition, but granted 60 days' protection from arrest to enable surrender and application for regular bail.

What did the court decide?

Petition dismissed; petitioner protected from arrest for 60 days to surrender before the court below and seek regular bail per Lal Kamlendra Pratap Singh (SC).

Muqeem Khan vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:21360-DB

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Court No. - 47

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Case :- CRIMINAL MISC. WRIT PETITION No. - 2721 of 2025 Petitioner :- Muqeem Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chitranshu Srivastav,Tabish Yusufi Counsel for Respondent :- G.A.

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Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J.

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Heard learned counsel for the petitioner; learned A.G.A for the State and perused the material on record.

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The present writ petition has been preferred for quashing the FIR dated 20.12.2024 registered as Case Crime No. 0579 of 2024 under Sections- 64, 351(2), 308(2) & 75 of B.N.S., at Police Station- Civil Lines, District- Aligarh, against the petitioner only and for a direction to respondents not to arrest the petitioner pursuant to aforesaid FIR.

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Learned counsel for the petitioner submits that petitioner has been falsely implicated regarding the alleged offences.

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Learned AGA has opposed the prayer for quashing the FIR in view of the seriousness of the allegations made against the petitioner.

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After hearing rival contentions, this Court finds that it is not a fit case for quashing the FIR.

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This writ petition is, accordingly, dismissed.

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However, on the request of learned counsel for the petitioner, it is directed that in case petitioner appears before the court below within 60 days from today and apply for regular bail, the same shall be considered as per judgement and order of Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).

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For a period of 60 days, the petitioner shall not be arrested in the aforesaid case, if not already arrested.

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However, in case, the petitioner does not appears before the court below within the aforesaid period, coercive action shall be taken against him.

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It is made clear that the petitioner will not be granted any further time by this Court for surrendering before the court below as directed above.

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Order Date :- 14.2.2025 DKS

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

Muqeem Khan v. State of U.P. and 2 Others

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Muqeem Khan v. State of U.P. and 2 Others

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