Citation : 2022 Latest Caselaw 10326 ALL
Judgement Date : 16 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- APPLICATION U/S 482 No. - 5382 of 2022 Applicant :- Kuwar Vivek Pratap Singh @ Vivek Singh Opposite Party :- State Of U.P. Thru.Prin.Secy.Home And Another Counsel for Applicant :- Dr. Pooja Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Dr. Pooja Singh, learned counsel for the applicant and Sri Diwakar Singh, learned A.G.A. for the State and perused the material on record.
The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Criminal Case No. 82294 of 2019, (State Vs. Kuwar Vivek Pratap Singh @ Viverk Singh) arising out of Case Crime No. 315 of 2019, under Sections 420, 489-C, 489-E of I.P.C. and Section 6/28 of the Arms Act, 1959 at Police Station- Cantt, District- Lucknow, pending in the Court of Judicial Magistrate- Ist, Lucknow.
Learned counsel for the applicants submits that Kuwar Vivek Pratap Singh @ Vivek Singh applicant has not been arrested during the course of investigation.
After some arguments, learned counsel for the applicant wants to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction.
In case bail application is filed by the learned counsel for the applicant, the 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 & Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941.
The application stands disposed of with the aforesaid liberty.
Order Date :- 16.8.2022
Ishan
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