Harpyari vs State Of U.P. And Another
2024 Latest Caselaw 36443 ALL

Allahabad High Court

Harpyari vs State Of U.P. And Another on 6 November, 2024

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:173503
 
Court No. - 77
 
Case :- APPLICATION U/S 482 No. - 23230 of 2024
 
Applicant :- Harpyari
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ashish Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Shri Ashish Kumar Pandey, learned counsel for the applicant and Shri R.K. Singh, learned A.G.A. for the State are present.

Present application under Section 482, Cr.P.C. has been filed by the applicant to quash the entire proceedings of case No. 704 of 2024 (State Vs. Girish and others) arising out of case crime No. 72 of 2024, under Sections 452, 323, 504, 506, 332, 353, 392, I.P.C., Police Station Junawai, District Sambhal as well as cognizance/summoning order dated 10.6.2024, pending in the court of Chief Judicial Magistrate, Gunnaur, District Sambhal.

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 bail application before the court of competent jurisdiction.

In case bail application is filed by the learned counsel for the applicant, 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 :- 6.11.2024/T. Sinha