Citation : 2024 Latest Caselaw 38290 ALL
Judgement Date : 21 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:181962 Court No. - 77 Case :- APPLICATION U/S 482 No. - 34174 of 2024 Applicant :- Ankit And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Naushad Siddiqui,Neeraj Kumar Chaurasiya Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Sri Neeraj Kumar Chaurasiya, learned counsel for the applicant and Sri Pusp Raj 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. 10/11 of 2024, (Natthu Vs. Ankit and others) arising out of Case Crime No. 106 of 2023, under Sections 147, 148, 452, 354, 352, 323, 324 of I.P.C., Police Station- Budhana, District- Muzaffarnagar, as well as cognizance/ summoning order 31.05.2024 pending in the Court of Judicial Magistrate, Ist Class, Budhana, Muzaffarnagar.
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 :- 21.11.2024
Ishan
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