Citation : 2024 Latest Caselaw 21436 ALL
Judgement Date : 1 July, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:105736 Court No. - 78 Case :- APPLICATION U/S 482 No. - 20643 of 2024 Applicant :- Ramniwas And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Muktesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Shri Muktesh Kumar Singh, 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 entire proceedings of case No. 649 of 2023 (State Vs. Ramniwas and others), arising out of case crime No. 76 of 2023, under Sections 147, 452, 323, 504, 506, 325, 308, IPC, Police Station Gangiri, District Aligarh, pending in the court of Judicial Magistrate (Junior Division)/F.T.C.-IInd, Aligarh as well as cognizance/summoning order dated 2.12.2023 including charge sheet No. 104 of 2023 dated 13.7.2023.
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
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