Citation : 2024 Latest Caselaw 37030 ALL
Judgement Date : 11 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:176837 Court No. - 77 Case :- APPLICATION U/S 482 No. - 36685 of 2024 Applicant :- S.M. Hussain Zaidi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Pandey,Nasir Hussain Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Sri Nasir Hussain, learned counsel for the applicant and 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. 1636 of 2000, arising out of Case Crime No. 139 of 2000, under Section 384 of I.P.C., Police Station- Behat, District- Saharanpur, as well as cognizance/summoning order dated 10.10.2000, pending in the Court of Civil Judge (J.D.), IInd, Saharanpur.
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.
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
A.P. Pandey
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