Prempal vs State Of U.P. And Another
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Allahabad High Court

Prempal vs State Of U.P. And Another on 14 November, 2024

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:178776
 
Court No. - 77
 

 
Case :- APPLICATION U/S 482 No. - 27085 of 2024
 

 
Applicant :- Prempal
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ratnesh Pratap Singh,Shalini Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Supplementary affidavit filed today by learned counsel for the applicant is taken on record.

Ms. Shalini Singh, learned counsel for the applicant 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 applicant to quash the entire proceedings of criminal case No. 1836 of 2024 (State Vs. Hari Ram and others) arising out of case crime No. 97 of 2024, under Sections 308, 323, 504, 506, I.P.C., Police Station Soron, District Kasganj as well as cognizance/summoning order dated 8.7.2024, pending in the court of Chief Judicial Magistrate, Kasganj.

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 bail application before the court of competent jurisdiction.

In case bail application is filed by the learned counsel for the applicant, 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 :- 14.11.2024

T. Sinha