Shailendra Kaushik And 2 Otheshs vs State Of U.P. And Another
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Allahabad High Court

Shailendra Kaushik And 2 Otheshs 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:107807
 
Court No. - 78
 
Case :- APPLICATION U/S 482 No. - 19997 of 2024
 
Applicant :- Shailendra Kaushik And 2 Otheshs
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Akhilesh Kumar Tiwari,Arun Kumar Dubey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

1. Shri Abhay Kumar Pandey, learned counsel for the applicants and Sri Umesh Kumar Singh, learned Brief holder 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 Charge-sheet No. 143 of 2022, dated 16.4.2022, arising out of Case Crime No. 165 of 2022, under Sections 323, 504 and 506 I.P.C., Police Station Govardhan, District Mathura as well as cognizance/summoning order dated 22.12.2022, pending in the Court of Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Court No.2, Mathura.

3. 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.

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

5. 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.

6. In case, bail application is filed 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.

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

Order Date :- 3.7.2024

CS/-