Allahabad High Court
Mahmood Ali And 4 Others vs State Of U.P. And Another on 10 October, 2023
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:195261 Court No. - 78 Case :- APPLICATION U/S 482 No. - 22520 of 2023 Applicant :- Mahmood Ali And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhir Kumar Agarwal,Indra Bhan Yadav Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard Sri Sudhir Kumar Agarwal, learned counsel for the applicants, Sri P.C. Srivastava, learned Additional Advocate General for the State and perused material on record.
2. This application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Case No. 1146 of 2023, (State v. Haji Iqbal @ Bala & Ors.), arising out of case crime no. 07 of 2023, under Sections 395, 386, 365, 342, 506, 412 IPC, P.S. Mirzapur, District Saharanpur, pending in the court of Additional Civil Judge (SD)-II/A.C.J.M., Saharanpur, as well as to quash the charge-sheet dated 28.03.2023 and cognizance order dated 17.04.2023 passed in the aforesaid case.
3. It has been argued by learned counsel for the applicants that applicants are innocent and no prima facie case is made out against the applicants. It is submitted that earlier co-accused Haji Iqbal @ Bala has filed a criminal mis. writ petition no. 982 of 2023 for quashing of the first information report of this case, which was rejected by this Court, vide order dated 30.01.2023 and that order was challenged before the Hon'ble Apex Court, wherein, vide order dated 08.08.2023, passed in criminal appeal no. 2345 of 2023, the criminal proceedings of this case arising from FIR No. 0007 of 2023 dated 10.01.2023 registered at police station Mirzapur, Saharanpur have been quashed. Thus, the proceedings of the case in respect of co-accused Haji Iqbal @ Bala have already been quashed. It is submitted that the case of applicants is on similar footing and thus, the impugned proceedings in respect of applicants are also liable to be quashed.
4. Sri P.C. Srivastava, learned Additional Advocate General for the State has not disputed the fact that the first information report and consequent proceedings in respect of co-accused Haji Iqbal @ Bala have already been quashed by the Hon'ble Apex Court and the case of applicants is on similar footing.
5. In view of the aforesaid, the criminal proceedings of Case No. 1146 of 2023, (State v. Haji Iqbal @ Bala & Ors.), arising out of case crime no. 07 of 2023, under Sections 395, 386, 365, 342, 506, 412 IPC, P.S. Mirzapur, District Saharanpur, pending in the court of Additional Civil Judge (SD)-II/A.C.J.M., Saharanpur, including the charge-sheet dated 28.03.2023 and cognizance order dated 17.04.2023 passed in the aforesaid case are hereby quashed.
6. The application under Section 482 Cr.P.C. is hereby allowed. Consequence to follow.
Order Date :- 10.10.2023 Anand