Citation : 2024 Latest Caselaw 18935 ALL
Judgement Date : 24 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:95383 Court No. - 70 Case :- APPLICATION U/S 482 No. - 13714 of 2024 Applicant :- Pintu And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Yadav Counsel for Opposite Party :- G.A.,Tripurari Pal Hon'ble Sanjay Kumar Pachori,J.
Shri Santosh Kumar Yadav, learned counsel for the applicants Sri Tripurari Pal, learned counsel for opposite party no.2 and Miss. Somya Mandhyan 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. 12218 of 2024 (State Vs. Pintu and others) arising out of Case Crime No. 481 of 2023 under Sections 147, 148, 149, 308, 323, 452, 504, 506 IPC, Police Station Sahaswan, District Badaun as well as cognizance/summoning order dated 13.03.2024 pending in the Court of 6th Additional Civil Judge (J.D.)./Judicial Magistrate, Budaun.
Learned counsel for the applicant 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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