Omprakash Singh vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 9578 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 14
 

 
Case :- APPLICATION U/S 482 No. - 5210 of 2022
 

 
Applicant :- Omprakash Singh
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another
 
Counsel for Applicant :- Anil Kumar Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Sri Anil Kumar Tiwari, learned counsel for the applicant and Sri Akhilesh Kumar Vyas, 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. 327 of 2019 , (State Vs. Om Prakash) arising out of Case Crime No. 97 of 2009, under Sections 141, 152 of Railways Act, Police Station- G.R.P., District- Faizabad, pending in the Court of Additional Civil Judge (J.D.)-IX/ Judicial Magistrate, Faizabad.

Learned counsel for the applicant submits that Omprakash Singh applicant has not been arrested during the course of investigation and the charge-sheet has been submitted against him.

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 :- 6.8.2022

Ishan