Himanshu Tiwari And Another vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 8752 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 14
 

 
Case :- APPLICATION U/S 482 No. - 5007 of 2022
 

 
Applicant :- Himanshu Tiwari And Another
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another
 
Counsel for Applicant :- Dinesh Kumar Ojha
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Heard Dinesh Kumar Ojha, learned counsel for the applicants, Shri Anurag Shukla, learned A.G.A. for the State and perused the material on record.

The present application under Section 482, Cr.P.C. has been filed by the applicants to quash the entire proceedings of Criminal Proceedings of Criminal Case No. 11798 of 2021, arising out of Case Crime No. 457 of 2020 (State Vs. Himanshu Tiwari and others) under Sections 308, 506, 323, 188, 269, 270, Indian Penal Code and Section 51 Disaster Management Act, 2005, Police Station Lalganj, District Pratapgarh, pending before the Additional Chief Judicial Magistrate, Pratapgarh.

Learned counsel for the applicants submits that the applicants Himanshu Tiwari and Sheru Tiwari @ Kartikeya Tiwarui have not been arrested during the course of investigation.

Learned counsel for the applicants 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 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 :- 1.8.2022

T. Sinha