The applicant sought quashing of criminal proceedings under Section 482 Cr.P.C., citing non-arrest and a potential penalty of up to seven years. The court refused the quashing prayer but allowed withdrawal with liberty to seek regular bail, referencing Supreme Court precedents for bail decisions.
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Court No. - 77 Case :- APPLICATION U/S 482 No. - 21430 of 2024 Applicant :- Nawab Alias Iqbal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Kesarwani Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Sri Santosh Kumar Kesarwani, learned counsel for the applicants and Sri Karunakar Singh, 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 entire proceedings of Case No. 4296 of 2024, (State of U.P. Vs. Nawab @ Iqbal) arising out of Case Crime No. 305 of 2023, under Sections 323, 504, 506 of I.P.C., Police Station- Kotwali Mandi, District- Shahranpur, as well as cognizance/ summoning order 21.03.2024, pending in the Court of Chief Judicial Magistrate, Saharanpur.
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.
Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicants is, hereby, refused.
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.
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.
The application stands disposed of with the aforesaid liberty.
Order Date :- 23.10.2024/Ishan
Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad
3 issues framed by the court
Whether the application for quashing proceedings under Section 482 Cr.P.C. should have been allowed given that the offence is punishable up to 7 years imprisonment.
Whether the quashing of proceedings should have been permitted when the applicant was not arrested during investigation.
Whether leave to withdraw the quashing application with liberty to file a regular bail application was appropriate.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation & AnotherReferred¶8
Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773 · Who else cites this
Siddharth Vs. The State of Uttar Pradesh & AnotherReferred¶8
Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 · Who else cites this
Aman Preet Singh Vs. C.B.I. through DirectorReferred¶8
Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941. · Who else cites this
2 provisions across 2 enactments
Nawab Alias Iqbal And 2 Others
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
