Applicants sought quashing of proceedings in an IPC criminal case via a Section 482 CrPC application; counsel withdrew the application seeking liberty to file a regular bail application instead.
Liberty to withdraw the application and file a regular bail application before the competent jurisdiction.
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Neutral Citation No. - 2024:AHC:147970
Court No. - 78
Case :- APPLICATION U/S 482 No. - 21541 of 2024
Applicant :- Mool Chandra Yadav And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shakeel Ahmad Azmi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Sri Shakeel Ahmad Azmi, learned counsel for the applicants and 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 Criminal Case No. 6588 of 2018, arising out of Case Crime No.344 of 2017, under Sections 323, 504, 506, 308 of I.P.C., Police Station- Ahiraula, District- Azamgarh.
Learned counsel for the applicants submits that the 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.
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 :- 10.9.2024 Akram
Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation & AnotherReferred
(2021) 10 SCC 773 · Who else cites this
Siddharth Vs. The State of Uttar Pradesh & AnotherReferred
2022 (11) SCC 676 · Who else cites this
Aman Preet Singh Vs. C.B.I. through DirectorReferred
2021 SCC Online SC 941 · Who else cites this
2 provisions across 2 enactments
Mool Chandra Yadav And 3 Others
State Of U.P.
Another
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
