Disposed

Saleem and Another v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Allahabad HC17 Aug 2022/5431/2022

Case brief

AI extract

What is this about?

The High Court disposed of a Section 482 CrPC application seeking quashment of prosecution proceedings. Counsel for the applicants withdrew the application with liberty to file a regular bail application, referencing recent Supreme Court precedents on bail.

What did the court decide?

Application disposed; liberty granted to file regular bail application.

Saleem and Another Vs State of U.P. Thru. Prin… — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 14

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Case :- APPLICATION U/S 482 No. - 5431 of 2022 Applicant :- Saleem And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Ajey Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Sri Ajey Singh, learned counsel for the applicants and Sri Tilak Raj Singh, learned A.G.A. for the State and perused the material on record.

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The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the impugned cognizance/summoning order dated 29.4.2014 as well as entire proceedings of Criminal Case No. 55 of 2014, (State Vs. Sahjad Haider and Others) arising out of Case Crime No. 0316 of 2013, under Sections 3/5A, Cow Slaughter Act, Police Station - Dargah Sharif, District - Bahraich, pending in the Court of Chief Judicial Magistrate, Bahraich.

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Learned counsel for the applicants submits that Saleem and Mir Khan @ Kada applicants have not been arrested during the course of investigation and charge-sheet has been submitted against them.

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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.

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Learned counsel for applicants submits that the alleged offence is punishable below 7 years.

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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 .

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The application stands disposed of with the aforesaid liberty.

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Order Date :- 17.8.2022 Md Faisal

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Digitally signed by MOHD FAISAL Date: 2022.08.23 11:32:24 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Saleem and Another v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

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Saleem and Another v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

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