Disposed

Manish and Another v. State of U.P. and Another

Allahabad HC4 Oct 2024A482/16164/2024

Case brief

AI extract

What is this about?

Applicants sought Section 482 CrPC quashing of FIR proceedings and cognizance order for Sections 323, 308 IPC charges. The prayer was refused; counsel withdrew the application with liberty to seek regular bail, to be decided per cited Supreme Court guidance on bail.

What did the court decide?

Application withdrawn with liberty to file a regular bail application before competent jurisdiction.

Manish and Another vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:176372

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 16164 of 2024

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Applicant :- Manish And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Paritosh Sukla Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Sri Paritosh Sukla, learned counsel for the applicants and Sri Ashwani Kumar Rai, 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 Case No. 4878 of 2022, (State Vs. Manish and others) arising out of Case Crime No. 477 of 2022, under Sections 323, 308 of I.P.C., Police Station- Gandhi Park, District- Aligarh, as well as cognizance/ summoning order 11.10.2022 pending in the Court of Additional Chief Judicial Magistrate Ist, Aligarh.

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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 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 :- 11.11.2024 Ishan

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

Manish and Another v. State of U.P. and Another

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Manish and Another v. State of U.P. and Another

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