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

Raju And Another vs State Of U.P. And Another on 2 January, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Court No. - 75
 

 
Case :- APPLICATION U/S 482 No. - 33513 of 2024
 

 
Applicant :- Raju And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Prashant Kumar Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Prashant Kumar Tripathi, learned counsel for the applicants and Sri B.N. Tripathi, 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 Case No. Nil of 2023, (State Vs. Govind and others) arising out of Case Crime No. 215 of 2020, under Sections 147, 323, 504, 506, 336 of I.P.C., Police Station- Chiluatal, District- Gorakhpur, as well as cognizance/ summoning order 29.05.2023 pending in the Court of Additional Chief Judicial Magistrate/ Senior Division-2 , Gorakhpur.

Learned counsel for the applicants submits that applicants were not arrested during the course of investigation and the charge-sheet have 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 regular bail application before the court of competent jurisdiction.

In case bail application is filed by the learned counsel for the applicants, 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 :- 2.1.2025

Ishan