Citation : 2024 Latest Caselaw 36747 ALL
Judgement Date : 8 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:175417 Court No. - 77 Case :- APPLICATION U/S 482 No. - 28214 of 2024 Applicant :- Lavkush Singh Alias Padum Narayan Singh And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dr. Akhilesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Dr. Akhilesh Kumar, learned counsel for the applicants and Shri B.N. Upadhyay, 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. 2763 of 2023 (State Vs. Lavkush Singh @ Padum Narayan Singh and others) arising out of case crime No. 270 of 2023, under Sections 147, 148, 149, 452, 323, 504, 506, 406, 356, I.P.C., Police Station Paschim Sarira, District Kaushambi as well as cognizance/summoning order dated 21.12.2023, pending in the court of Judicial Magistrate, Kaushambi.
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 :- 8.11.2024/T. Sinha
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