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2025 DAILYLAW 32255 (ALL)

YUSUF JAMAL KHAN AND 10 OTHERS v. SMT. HUMA KHAN

A227/5615/2022 · 2025-02-17

Saurabh Srivastava

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:23357 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 5615 of 2022 Petitioner :- Yusuf Jamal Khan And 10 Others Respondent :- Smt. Huma Khan Counsel for Petitioner :- Raja Ullah Khan Counsel for Respondent :- Javed Khan,Mohit Sharan Tomar Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for petitioners and learned AGA appearing for the State. 2. This present petition has been filed for issuance of order or direction to set aside the judgment and order dated 9.6.2022 passed by Sessions Judge, Pilibhit in Criminal Revision No.91 of 2021 9Yusuf Jamal Khan & others vs State of U.P. and another0 as well as order dated 7.9.2021 passed by Additional Chief Judicial Magistrate, Court No.1, Pilibhit in Misc. Case No.499M/2016 (huma Khan vs. Mohd Yusuf Jamal Khan and others) arising out of case crime no.891 of 2014, under Section 498-A, 323, 307, 377, 504, 506 IPC and 3/4 D.P. Act, P.S, Pooranpur District Pilibhit pending in the court of Additional Chief Judicial Magistrate, Court no.1, Pilibhit. 3. On perusal of the impugned orders, this Court does not find it to be a case where interference of this Court is required. No such ground appears to be available in the present petition, on the basis of which, impugned orders can be set aside. 4. Accordingly, the prayer for quashing the impugned order, is refused. 5. Lastly, learned counsel for petitioners submitted that liberty may be granted to petitioners to surrender before the court concerned and apply for bail to which learned AGA has no objection. 6. In view of the aforesaid, the instant petition is finally disposed of with a direction to the court concerned that in case, the petitioners surrender before the court concerned within a period of 30 days from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825). 7. However, it is made clear that till 30 days from today, no coercive action shall be taken against the petitioners herein. Order Date :- 18.2.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad