Shahnawaz And 2 Others vs State Of U.P. And Another
2024 Latest Caselaw 36593 ALL

Allahabad High Court

Shahnawaz And 2 Others vs State Of U.P. And Another on 7 November, 2024

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:174713
 
Court No. - 77
 

 
Case :- APPLICATION U/S 482 No. - 26925 of 2024
 

 
Applicant :- Shahnawaz And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mohd. Shoeb Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Mohd. Shoeb Khan, learned counsel for the applicants and Sri Tej Bhan Singh, 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 order dated 11.12.2023 passed by Sessions Judge, Ballia, in Criminal Revision No. 154 of 2022, (State Vs. Shahnawaz and others) whereby revisional court set aside the order dated 3.7.2022 passed by Judicial Magistrate-Ist, Ballia, by which learned magistrate took cognizance under Sections 323, 504, 506, 427 of I.P.C.

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 :- 7.11.2024

A.P. Pandey