Mehndi Hasan vs State Of U.P. And Another
2024 Latest Caselaw 36956 ALL

Allahabad High Court

Mehndi Hasan vs State Of U.P. And Another on 11 November, 2024

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:176497
 
Court No. - 77
 

 
Case :- APPLICATION U/S 482 No. - 17481 of 2024
 

 
Applicant :- Mehndi Hasan
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Amit Rai
 
Counsel for Opposite Party :- G.A.,Pramod Kumar Pandey
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Amit Rai, learned counsel for the applicant and Sri Rahul Pandey, brief holder 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 Case No. 17751 of 2023, (State Vs. Mehndi and others) arising out of Case Crime No. 35 of 2023, under Sections 323, 324, 325, 308, 504, 506 of I.P.C., Police Station- Heempur Deepa, District- Bijnor, as well as cognizance/ summoning order 05.05.2023 pending in the Court of Additional Civil Judge (Senior Division) Court No. 2/ A.C.J.M. Bijnor.

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 regular bail application before the court of competent jurisdiction.

In case bail application is filed by the learned counsel for the applicant, 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 :- 11.11.2024

Ishan