Om Prakash And 3 Others vs State Of U.P. And Another
2024 Latest Caselaw 21432 ALL

Allahabad High Court

Om Prakash And 3 Others vs State Of U.P. And Another on 1 July, 2024

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:105807
 
Court No. - 78
 
Case :- APPLICATION U/S 482 No. - 20709 of 2024
 
Applicant :- Om Prakash And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ashwani Kumar Pathak
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Ashwani Kumar Pathak, learned counsel for the applicants and Sri Kamleshwar 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 entire proceedings of Case No. 51745 of 2023, (State Vs. Om Prakash and others) arising out of Case Crime No. 279 of 2021, under Sections 323, 504, 325 of I.P.C., Police Station- Chiluwatal, District- Gorakhpur, pending in the Court of Additional Chief Judicial Magistrate, Gorakhpur as well as cognizance/ summoning order dated 30.09.2023.

Learned counsel for the applicants submits that applicants were not arrested during the course of investigation and the charge-sheet have 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 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 :- 1.7.2024/Ishan