Application under Section 482 CrPC to quash summoning order and proceedings was withdrawn by applicant with liberty to file regular bail application, to be decided citing Supreme Court precedents.
Application withdrawn with liberty to file regular bail application.
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Court No. - 14
Case :- APPLICATION U/S 482 No. - 5425 of 2022
Applicant :- Pankaj Verma Alias Pankaj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Abhishek Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Sri Abhishek Srivastava, learned counsel for the applicant and Sri Vijay Prakash Dwivedi 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 impugned summoning order dated 1.4.2021 as well as entire proceedings of Criminal Case No. 1167 of 2021, (State Vs. Raj Kishore and Others) arising out of Case Crime No. 0004 of 2020, under Sections 323, 504, 506 and 308 of I.P.C., Police Station - Fardhan, District - Lakhimpur Kheri, pending in the Court of Chief Judicial Magistrate, Lakhimpur Kheri.
Learned counsel for the applicant submits that Pankaj Verma Alias Pankaj applicant has not been arrested during the course of investigation and charge-sheet has been submitted against him.
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 :- 17.8.2022 Md Faisal
Digitally signed by MOHD FAISAL Date: 2022.08.25 10:56:49 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether to quash the summoning order and entire criminal proceedings under Section 482 CrPC.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
Pankaj Verma Alias Pankaj
State Of U.P.
Sanjay Kumar Pachori
Mohd Faisal
As recorded by the court registry
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