Yogesh And 3 Others vs State Of U.P. And Another
2024 Latest Caselaw 36783 ALL

Allahabad High Court

Yogesh And 3 Others vs State Of U.P. And Another on 8 November, 2024

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:175290
 
Court No. - 77
 

 
Case :- APPLICATION U/S 482 No. - 27324 of 2024
 

 
Applicant :- Yogesh And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ajay Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Shri Ajay Kumar Mishra, learned counsel for the applicants and Shri A.K. Rai, 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. 98 of 2024 (State Vs. Arjun Giri and others) arising out of case crime No. 930 of 2020, under Sections 354, 323, 506, I.P.C., Police Station Khurja Nagar, District Bulandshahr as well as cognizance/summoning order dated 1.2.2024, pending in the court of Additional Chief Judicial Magistrate, Khurja Nagar, District Bulandshahr.

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