Firoz Ahmad S/O Shakil Ahmad vs State Of U.P. Through Secretary Home ...
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Allahabad High Court

Firoz Ahmad S/O Shakil Ahmad vs State Of U.P. Through Secretary Home ... on 1 July, 2024

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:105770
 
Court No. - 78
 

 
Case :- APPLICATION U/S 482 No. - 20703 of 2024
 

 
Applicant :- Firoz Ahmad S/O Shakil Ahmad
 
Opposite Party :- State Of U.P. Through Secretary Home Department U.P. And Another
 
Counsel for Applicant :- Mohd. Shahanshah Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Mohd. Shahanshah Khan, learned counsel for the applicant 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 Criminal Case No. 171 of 2023, (State Vs. Firoz Ahmad), under Sections 354, 452, 323, 504, 506 of I.P.C., Police Station- Jigna, District- Mirzapur, pending in the Court of Civil Judge (Junior Division), F.T.C., Mirzapur as well as cognizance/summoning order dated 12.04.2024 including charge sheet dated 07.01.2024.

Learned counsel for the applicant submits that applicant was not arrested during the course of investigation and the charge-sheet has been submitted against him. 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 applicant is, hereby, refused.

After some arguments, learned counsel for the applicant 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 applicant, 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