Saleem And Another vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 10468 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 14
 

 
Case :- APPLICATION U/S 482 No. - 5431 of 2022
 
Applicant :- Saleem And Another
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another
 
Counsel for Applicant :- Ajey Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Sri Ajey Singh, learned counsel for the applicants and Sri Tilak Raj 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 impugned cognizance/summoning order dated 29.4.2014 as well as entire proceedings of Criminal Case No. 55 of 2014, (State Vs. Sahjad Haider and Others) arising out of Case Crime No. 0316 of 2013, under Sections 3/5A, Cow Slaughter Act, Police Station - Dargah Sharif, District - Bahraich, pending in the Court of Chief Judicial Magistrate, Bahraich.

Learned counsel for the applicants submits that Saleem and Mir Khan @ Kada applicants have not been arrested during the course of investigation and charge-sheet has been submitted against them.

After some arguments, learned counsel for the applicants wants to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction.

Learned counsel for applicants submits that the alleged offence is punishable below 7 years.

In case bail application is filed by the learned counsel for the applicants, 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 :- 17.8.2022

Md Faisal