Tekchand And 3 Others vs State Of U.P. And Another
2024 Latest Caselaw 21818 ALL

Allahabad High Court

Tekchand And 3 Others vs State Of U.P. And Another on 3 July, 2024

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:107885
 
Court No. - 78
 
Case :- APPLICATION U/S 482 No. - 19976 of 2024
 
Applicant :- Tekchand And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Satyendra Narayan Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

1. Shri Abhay Kumar Pandey, learned counsel for the applicants and Sri R.K. Singh, learned A.G.A. for the State are present.

2. Present application under Section 482 of Code of Criminal Procedure has been filed by the applicants to quash the entire proceedings of Criminal Case No. 24 of 2024 (State Vs. Tekchand and another), arising out of Case Crime No. 234 of 2023, under Sections 279, 337, 323 and 504 I.P.C., Police Station Palimukimpur, District Aligarh as well as cognizance/summoning order dated 1.1.2024 including charge-sheet no. 293 of 2023, pending in the Court of Judicial Magistrate, Atrauli, Aligarh.

3. At the very outset, learned counsel for the applicants submits that applicant nos.1 and 2 have already been released on bail.

4. 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.

5. Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicants is, hereby, refused.

6. After some arguments, learned counsel for the applicants wants to withdraw the application with liberty to file a bail application on behalf of applicant nos. 3 and 4 before the court of competent jurisdiction.

7. In case, bail application is filed on behalf of applicant nos. 3 and 4 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 and another, 2022(11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director, 2021 SCC Online SC 941.

8. The application stands disposed of with the aforesaid liberty.

Order Date :- 3.7.2024

CS/-