Citation : 2024 Latest Caselaw 18932 ALL
Judgement Date : 24 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:95323 Court No. - 70 Case :- APPLICATION U/S 482 No. - 13687 of 2024 Applicant :- Krishnakant Pandey And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sarvesh Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Shri Sarvesh Pandey, learned counsel for the applicants and Sri Maghvendra Pratap 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 Case No. 2101 of 2023 (State Vs. Krishna Kant Pandey and others) arising out of Case Crime No. 309 of 2022 under Sections 448, 451, 504, 506, 406 IPC, Police Station Naini, District Allahabad as well as cognizance/summoning order dated 03.03.2023 pending in the Court of Judicial Magistrate, Court No.4, Allahabad.
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 :- 24.5.2024
Kumar Manish.
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