Citation : 2024 Latest Caselaw 36765 ALL
Judgement Date : 8 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:175507 Court No. - 77 Case :- APPLICATION U/S 482 No. - 28279 of 2024 Applicant :- Amarjit And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Sri Ashutosh Kumar Pandey, 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 entire proceedings of Criminal Case No. 5886 of 2022, (State Vs. Sagar @ Amit and others) arising out of Case Crime No. 30 of 2022, under Sections 354, 452 of I.P.C., Police Station- Dheena, District- Chandauli, as well as cognizance/ summoning order 22.12.2022 pending in the Court of Judicial Magistrate, Chandauli.
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.
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 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 :- 8.11.2024/Ishan
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