Mohsin And 4 Others vs State Of U.P. And Another
2022 Latest Caselaw 21881 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 42140 of 2022
 
Applicant :- Mohsin And 4 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mohd Aadil Siddiqui
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Mohd Aadil Siddiqui, learned counsel for the applicants, Sri Ravi Kant Kushwaha, learned AGA for the State and perused the record of the case.

By way of the present application, the applicants made a prayer to quash the N.B.W. dated 04.11.2022 (against the applicant no. 1) as well as cognizance/summoning order dated 03.09.2022 and charge-sheet dated 20.07.2022 and entire criminal proceedings of Case No. 1708 of 2022 (State vs. Mohsin and others) arising out of Case Crime No. 263 of 2022 under Sections 147, 452, 323, 504, 506, 324, 354-B IPC and Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station Thakurdwara, District Moradabad, pending in the court of Judicial Magistrate, Thakurdwara, Moradabad.

Learned counsel for the applicants does not want to press the prayer made in the application. He confines his prayer only to the extent that a direction be given to the court concerned to decide the bail application of the applicants in the light of the law laid down by the Apex Court in the cases of Satender Kumar Antil Vs. Central Bureau of Investigation, reported in 2021 (10) SCC 773 and Satender Kumar Antil Vs. Central Bureau of Investigation and others MANU/SC/0851/2022.

Learned AGA is having no objection, if such a direction is given to the court concerned to decide the bail application of the applicants in the light of the judgments of the Apex Court in the cases of Satender Kumar Antil (supras).

Accordingly, it is directed that if applicants appear before the trial court within four weeks from today and apply for bail then, their bail application shall be decided by the court below on the basis of law laid down by the Apex Court in the cases of Satender Kumar Antil (supras).

With these directions/observations, the present application is, accordingly, disposed of.

Order Date :- 19.12.2022

Puspendra