Citation : 2022 Latest Caselaw 8282 ALL
Judgement Date : 27 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- MATTERS UNDER ARTICLE 227 No. - 29073 of 2021 Petitioner :- Indrapal And Ors. Respondent :- State Of U.P. Thru. Prin. Secy. Home Lucknow And Ors. Counsel for Petitioner :- Dr. Surendra Kumar Misra,Avnish Kumar Tiwari Counsel for Respondent :- G.A.,Nirmal Singh Yadav,Shyam Kishor Hon'ble Sanjay Kumar Pachori,J.
Heard Shri Avnish Kumar Tiwari, learned counsel for the petitioners, Shri Triveni Prasad, learned A.G.A. for the State and perused the material on record.
The present petition under Article 227 of the Constitution of India has been filed by the petitioners to set aside the impugned order dated 21.9.2019 passed by Sessions Judge, Hardoi in Criminal Revision No. 62 of 2019, cognizance/summoning order dated 26.3.2019 passed by Judicial Magistrate, Court No. 2, Hardoi as well as entire proceedings of theComplaint Case No. 368 of 2017 (Ramchandra Vs. Indrapal and others) under Sections 323, 452, 380, IPC against petitioner No. 1, 3, 4 & 5 namely, Indrapal, Lal Bahadur, Jageshwar Pal & Shivam and against petitioner No. 2 Bhaiya Lal (Indrapal and others Vs. State of U.P. and another) under Sections 323, 452, 380, 324, IPC, Police Station Behta Gokul, District Hardoi.
Learned counsel for the petitioners submits that the petitioners namely, Indrapal, Bhaiya Lal, Lal Bahadur, Jageshwar Pal & Shivam have not been arrested during the course of investigation.
Learned counsel for the petitioners wants to withdraw the petition 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 petitioners, 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 petition stands disposed of with the aforesaid liberty.
Order Date :- 27.7.2022
T. Sinha
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