Suryanath Yadav And 3 Others vs State Of U.P. And Another
2024 Latest Caselaw 38532 ALL

Allahabad High Court

Suryanath Yadav And 3 Others vs State Of U.P. And Another on 22 November, 2024

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:182461
 
Court No. - 77
 

 
Case :- APPLICATION U/S 482 No. - 24556 of 2024
 

 
Applicant :- Suryanath Yadav And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Pramod Kumar Vishwakarma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Shri Rajnath Maurya, Advocate holding brief of Shri Pramod Kumar Vishwakarma, learned counsel for the applicants and Shri Chhavi Pal Singh, 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. 135 of 2023 (State Vs. Suryanath Yadav) arising out of case crime No. 279 of 2018, under Sections 323, 504, 506, 452, I.P.C., Police Station Badlapur, District Jaunpur as well as cognizance/summoning order dated 13.4.2023, pending in the court of Additional Civil Judge (Senior Division) Court No. 2, Jaunpur.

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 :- 22.11.2024

T. Sinha