Jitendra Gaur And 3 Others vs State Of U.P. And Another
2024 Latest Caselaw 4019 ALL

Allahabad High Court

Jitendra Gaur And 3 Others vs State Of U.P. And Another on 13 February, 2024

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:24363
 
Court No. - 88
 
Case :- APPLICATION U/S 482 No. - 2699 of 2024
 
Applicant :- Jitendra Gaur And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sandeep Maniji Bakhshi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Shri Sandeep Maniji Bakhshi, learned counsel for the applicants and learned A.G.A. for the State are present.

Present application under Section 482, Cr.P.C. has been filed by the applicants to quash the summoning/cognizance order dated 29.3.2023 including charge sheet dated 18.3.2023 as well as entire proceedings of criminal case No. 8073 of 2023, arising out of case crime No. 222 of 2022, under Sections 323, 452, 504, 506, IPC, Police Station Itwa, District Siddhartha Nagar.

Learned counsel for the applicants submits that applicants were not arrested during the course of investigation and the charge sheet has been submitted against them. It is further submitted that the offence is punishable up to 7 years imprisonment.

Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicants is, hereby, refused.

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

In case bail application is filed by the learned counsel for the applicants, 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 and 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 :- 13.2.2024/T. Sinha