Dismissed

Nirmala Devi and Others v. State of Up and Another

Allahabad HC28 Aug 2024A482/15798/2024

Case brief

AI extract

What is this about?

The High Court refused to quash criminal proceedings under Section 482 CPC where the prayer clause was incorrect. The court disposed of the application with liberty to file a regular bail application, directing it to be decided based on recent Supreme Court precedents.

What did the court decide?

Application refused; liberty granted to file regular bail application to be decided based on Supreme Court judgments.

Nirmala Devi and Others vs State of Up and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:154340

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 15798 of 2024

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Applicant :- Nirmala Devi And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kashi Nath Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Learned counsel for the applicants submits that due to inadvertence the prayer clause has been wrongly mentioned.

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Learned counsel for the applicants is permitted to correct the same during the course of hearing.

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Sri Kashi Nath Singh Yadav, learned counsel for the applicants and Smt. Ladli Pandey, 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 entire proceedings of Criminal Case No. 27405 of 2023, (State Vs. Vikas Bhartiya) arising out of Case Crime No. 58 of 2023, under Sections 147, 323, 504, 336 of I.P.C., Police Station- Koirauna, DistrictBhadohi, as well as cognizance/ summoning order 03.08.2023 pending in the Court of Judicial Magistrate IInd, Bhadohi at Gyanpur.

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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.

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Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicants is, hereby, refused.

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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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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

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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. Order Date :- 21.9.2024 Ishan

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Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad

Nirmala Devi and Others v. State of Up and Another

Case brief

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Nirmala Devi and Others v. State of Up and Another

Case brief

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