Maksood Husain And 3 Others vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 5101 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- APPLICATION U/S 482 No. - 3621 of 2022
 

 
Applicant :- Maksood Husain And 3 Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another
 
Counsel for Applicant :- Ashok Kumar Srivastava
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Present application under Section 482 Cr.P.C. has been filed seeking following reliefs:-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Criminal Case No.16744 of 2021 (State versus Maksood Husain & Others) arising out of FIR/Case Crime No.951 of 2020, under Sections 498A, 313, 323, 354(ka), 504, 506 IPC, Section 3/4 Muslim Women (Protection of Right on Marriage) Act, 2019 Police Station Kotwali Nagar, District Pratapgarh as well as charge-sheet No.190 of 2021, dated 08.04.2021 and summoning/cognizance order dated 22.10.2021 passed by learned C.J.M., Pratapgarh."

2. Learned counsel for the petitioners submits that during the course of investigation the petitioners were not arrested as they had protection from this Court and they had cooperated in all respects during the course of investigation and therefore, they should be enlarged on bail in the light of judgment of the Supreme Court in the case of Aman Preet Singh vs C.B.I. through Director: Criminal Appeal No.929 of 2021.

3. Mr.Pracheesh Pandey, learned A.G.A. however, submits that ratio of judgment in the case of Aman Preet Singh (supra) will not be applicable in the present case inasmuch as the petitioners had got protection from this Court, and, therefore, they were not arrested during the investigation.

4. I have considered the submissions advanced on behalf of learned counsel for the petitioners and learned A.G.A. for the State.

5. It is not in dispute that the petitioners have cooperated during the course of investigation and they were not arrested due to interim protection granted to them by this Court in Writ Petition No.1133(MB) of 2021 vide order dated 25.01.2021. Charge-sheet has been filed. No purpose would be served, if the petitioners are kept inside the jail, therefore, this petition is disposed of with liberty to the petitioners to surrender and apply for regular bail within a period of one week. Trial Court is directed to consider the bail application of the petitioners in accordance with law in the light of the order of the Supreme Court in passed in the case of Aman Preet Singh (supra).

(Dinesh Kumar Singh, J.)

Order Date :- 9.6.2022

prateek