Ali Raja vs State Of U.P. And Another
2024 Latest Caselaw 21434 ALL

Allahabad High Court

Ali Raja 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:106013
 
Court No. - 78
 

 
Case :- APPLICATION U/S 482 No. - 20652 of 2024
 

 
Applicant :- Ali Raja
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mohit Kumar Baisla,Sunil Kumar Tiwari
 
Counsel for Opposite Party :- Ajay Singh Yadav,G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Shri Ajay Singh Yadav, Advocate pointed out that he has filed Vakalatnama on behalf of the opposite party No. 2/first informant in the Registry on 29.6.2024, which is not on the record.

Office is directed to trace out the same and place it on record.

Shri Sunil Kumar Tiwari, learned counsel for the applicant, Shri Tej Bhan Singh, learned A.G.A. for the State and Shri Ajay Singh Yadav, learned counsel for the opposite party No. 2/first informant are present.

Present application under Section 482, Cr.P.C. has been filed by the applicants to quash the entire proceedings of criminal case No. 24435 of 2014, arising out of case crime No. 30 of 2014, under Sections 420, 406, IPC, Police Station Sahibabad, District Ghaziabad, pending in the court of Chief Judicial Magistrate, Ghaziabad as well as cognizance/summoning order dated 9.7.2014 including charge sheet dated 24.5.2014.

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 :- 1.7.2024

T. Sinha