Gajendra Pal vs State Of U.P. And Another
2024 Latest Caselaw 38681 ALL

Allahabad High Court

Gajendra Pal vs State Of U.P. And Another on 23 November, 2024

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:184272
 
Court No. - 77
 
Case :- APPLICATION U/S 482 No. - 39769 of 2024
 
Applicant :- Gajendra Pal
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Brij Kishore Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Heard Sri Rajesh Kumar, Advocate, holding brief of Sri B.K. Pandey, learned counsel for the applicant and Sri Karunakar 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.218197 of 2022, (State Vs. Sabhajeet Pal and others) arising out of Case Crime No. 163 of 2022, under Sections 323, 504, 506, 452, 325, 308, 427 of I.P.C., Police Station- Cholapur, District- Varanasi, as well asthe summoning/cognizance order dated 01.11.2022, pending in the Court of Additional Chief Judicial Magistrate, Varanasi.

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 :- 23.11.2024

Akram