Binnu And 5 Others vs State Of U.P. And Another
2024 Latest Caselaw 21440 ALL

Allahabad High Court

Binnu And 5 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:105818
 
Court No. - 78
 

 
Case :- APPLICATION U/S 482 No. - 20695 of 2024
 

 
Applicant :- Binnu And 5 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Gyanendra Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Shri Gyanendra Singh, learned counsel for the applicants and Shri Tej Bhan Singh, 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 Session Case No. 23 of 2024 (State Vs. Binnu and others) arising out of case crime No. 349 of 2023, under Sections 147, 323, 504, 506, IPC, Police Station Atarra, District Banda, pending in the court of Special Judge(S.C./S.T. Act) Banda as well as cognizance/summoning order dated 5.2.2024 passed by Special Judge(S.C./S.T. Act) Banda including charge sheet dated 23.12.2023.

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