Narayan Dev Tiwari vs State Of U.P. And Another
2024 Latest Caselaw 36252 ALL

Allahabad High Court

Narayan Dev Tiwari vs State Of U.P. And Another on 5 November, 2024

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:172612
 
Court No. - 77
 

 
Case :- APPLICATION U/S 482 No. - 31862 of 2024
 

 
Applicant :- Narayan Dev Tiwari
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Pawan Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Pawan Shukla, learned counsel for the applicant and Sri B.N. Upadhyay, 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. 6011 of 2023, (State Vs. Narayan Dev Tiwari) arising out of Case Crime No. 113 of 2022, under Sections 353, 504, 506, 499 of I.P.C., Police Station- Sarai Akil, District- Kaushambi, as well as cognizance/ summoning order 26.07.2023 pending in the Court of Chief Judicial Magistrate, Kaushambi.

Learned counsel for the applicant submits that applicant was not arrested during the course of investigation and the charge-sheet has been submitted against him. 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 applicant is, hereby, refused.

After some arguments, learned counsel for the applicant 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 applicant, 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 :- 5.11.2024

Ishan