Raheesh And 4 Others vs State Of U.P. And Another
2022 Latest Caselaw 440 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 92
 
Case :- APPLICATION U/S 482 No. - 22346 of 2021
 
Applicant :- Raheesh And 4 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Krishna Kumar Mishra,Ravi Kamal Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Manish Kumar,J.

Heard learned counsel for the applicants, learned AGA for the State and perused the record.

The present petition has been preferred under Section 482 Cr.P.C. to quash the entire criminal proceedings of Complaint Case No. 990 of 2019 pending in the Court of Judicial Magistrate, Court No. 3 Varanasi in pursuance of the impugned order dated 05.10.2019 thereby the learned Court has summoned the applicant nos. 1 and 2 to face trial for the offence under Sections 448, 323, 427, 504 and 506 IPC; the applicant nos. 3 and 4 has been summoned to face trial for the offence under Section 448, 323, 392, 427, 504 and 506 and the applicant no. 5 has been summoned to face trial for the offence under Section 448, 323, 354, 427, 504 and 506 of the Indian Penal Code related to the Police Station Chaubepur, District Varanasi.

After arguing at some length, learned counsel for the applicants/petitioners has submitted that liberty may be given to the applicants/petitioners to move bail application before the court below and the same shall be decided in the light of the judgment of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 and judgment of the Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC) and in Hussain and Ors. Vs. Union of India (UOI) and Ors. reported in MANU/SC/0274/2017.

As prayed, the applicants/petitioners are at liberty to move bail application within fifteen days and the same shall be decided in the light of judgment in the case of Amrawati (supra) and judgments of Hon'ble Apex Court in the cases of Lal Kamlendra Pratap Singh (supra) and Hussain (supra).

With the aforesaid observations and directions, the present petition is disposed of.

Order Date :- 4.4.2022/Ashish