Partly allowed

Buta Singh and Others v. State of U.P. and Another

Allahabad HC26 Nov 2024A482/18213/2024

Case brief

AI extract

What is this about?

The High Court of Allahabad refused a Section 482 criminal proceeding quashing application. The applicant was granted liberty to file a regular bail application before the competent jurisdiction, with further proceedings to be decided based on referenced Supreme Court judgments regarding bail.

What did the court decide?

Reflections dismissed; liberty granted to file bail application.

Buta Singh and Others vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:185224

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 18213 of 2024

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Applicant :- Buta Singh And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A.,Mohd Faiz

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Hon'ble Sanjay Kumar Pachori,J.

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Sri Anil Kumar Mishra, learned counsel for the applicants, Sri Mohd. Faiz, learned counsel for the opposite party no. 2 and Sri Manoj Kumar 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 entire proceedings of Criminal Case No. 23882 of 2023, (State Vs. Buta Singh and others) arising out of Case Crime No. 113 of 2023, under Sections 324, 506 of I.P.C., Police StationHastinapur, District- Meerut, as well as charge-sheet dated 28.07.2023 pending in the Court of IIIrd Judicial Magistrate, Ist Class, Meerut.

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Learned counsel for the applicants submits that applicants were not arrested during the course of investigation and the chargesheet 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. Order Date :- 26.11.2024. Ishan

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

Buta Singh and Others v. State of U.P. and Another

Case brief

What is this about?

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Buta Singh and Others v. State of U.P. and Another

Case brief

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