Citation : 2024 Latest Caselaw 6270 ALL
Judgement Date : 1 March, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:37563 Court No. - 88 Case :- APPLICATION U/S 482 No. - 568 of 2024 Applicant :- Jartab Raza Khan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Sri Devendra Kumar Tiwari, Advocate holding brief of Sri Rakesh Pati Tiwari, learned counsel for the applicants and Sri Vaibhav Dutt Ojha, 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. 1963 of 2018, (Dr. M.M. Khan Vs. Jartab Raza Khan and others) arising out of Case Crime No. 399 of 2011, under Sections 188, 504 of I.P.C., as well as summoning order dated 22.08.2023, pending in the Court of Additional Civil Judge (J.D.), F.T.C.W.P./ Judicial Magistrate, Pilibhit.
Learned counsel for the applicants submits that applicants were not arrested during the course of investigation and the charge-sheet have been submitted against them. It is further submitted that the offence is punishable up to 7 years imprisonment.
After some arguments, learned counsel for the applicants 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 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 & 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 :- 1.3.2024
Ishan
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