Allahabad High Court
Jagdish Chandra Sharma 2 Others vs State Of Up Another on 3 July, 2024
Author: Sanjay Kumar Pachori
Bench: Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:107780 Court No. - 78 Case :- APPLICATION U/S 482 No. - 20008 of 2024 Applicant :- Jagdish Chandra Sharma 2 Others Opposite Party :- State Of Up Another Counsel for Applicant :- Upendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
1. Shri Upendra Kumar Singh, learned counsel for the applicants and Shri Karunakar Singh, learned A.G.A. for the State are present.
2. Present application under Section 482, Cr.P.C. has been filed by the applicants to quash the entire proceedings of Criminal Case No. 40369 of 2023 (State versus Jagdish and others) arising out of Case Crime No. 353 of 2023 under Sections 365, 419, 420 I.P.C. Police Station-Wazirganj, District-Budaun as well as cognizance & summoning order dated 12.12.2023 pending in the court of First Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Court No. 1 Budaun.
3. Learned counsel for the applicants submits that applicants were not arrested during the course of investigation and the charge sheet has been submitted against them. It is further submitted that the offences are punishable up to 7 years imprisonment.
4. Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicants is, hereby, refused.
5. After some arguments, learned counsel for the applicants wants to withdraw the application with liberty to file a bail application before the court of competent jurisdiction.
6. In case bail application is filed by the learned counsel for the applicants, same shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh and another, 2022(11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director, 2021 SCC Online SC 941.
8. The application stands disposed of with the aforesaid liberty.
Order Date :- 3.7.2024 SY