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2025 DAILYLAW 111589 (ALL)

FARHAT JAHAN v. STATE OF U.P. AND ANOTHER

A482/43130/2024 · 2025-08-04

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:131547 Court No. - 72 Case :- APPLICATION U/S 482 No. - 43130 of 2024 Applicant :- Farhat Jahan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anjani Kumar,Ashok Kumar Gautam,Dilip Kumar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet No.39 of 2014 dated 29.04.2014, cognizance/summoning order dated 10.02.2015, non-bailable warrant dated 14.02.2017 passed by the learned Chief Judicial Magistrate, Mirzapur as well as entire proceeding in Case No.2046 of 2015 (State vs. Chandrika Patel & others) arising out of Case Crime No.15 of 2014, under Sections- 489, 419, 420, 467, 468, 471 I.P.C., Police Station Kotwali Shahar, District Mirzapur, pending in the court of Chief Judicial Magistrate, Mirzapur. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. Instant FIR was registered in the year 2014 and thereafter charge-sheet was submitted. From the record, it is apparent that in the year 2017, non-bailable warrant was issued against the applicant. It is also apparent from the record that the applicant is not cooperating with the trial proceeding since last 10 years. No interference is warranted. 4. The present application is dismissed with the aforesaid observation. 5. However, if applicant shall surrender before the concerned Court below within three weeks from today and applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 6. For the period of three weeks from today or till the time of surrender of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against him. Order Date :- 5.8.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad