An application under Section 482 CrPC to quash proceedings was disposed of. The applicant sought withdrawal of the petition with liberty to file a regular bail application, which the court granted.
Disposed of the application with liberty to file a regular bail application before the court of competent jurisdiction.
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Neutral Citation No. - 2024:AHC:133647
Court No. - 78
Case :- APPLICATION U/S 482 No. - 21743 of 2024
Applicant :- Manish Kumar And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Sri Ravi Pandey 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 Case No.638 of 2023, (State Vs. Manish Kumar and others) arising out of Case Crime No. 36 of 2023, under Sections 147, 452, 323 of I.P.C., Police Station- Sasni Kotwali, District- Hathras, as well as cognizance/summoning order dated 02.11.2023, pending in the Court of Additional Chief Judicial Magistrate, Hathras.
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 offences are 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 :- 20.8.2024 Abhishek Singh
Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether to dispose of the application under Section 482 CPC and grant liberty to file for regular bail.
Whether the applicants were arrested during the investigation course.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation & AnotherReferred¶10
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¶10
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¶10
Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941. · Who else cites this
Manish Kumar And 7 Others
Sanjay Kumar Pachori
Abhishek Singh
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
