The High Court refused to quash criminal proceedings under Section 482 Cr.P.C. as no grounds existed, directing the applicants to file a bail application within 30 days for consideration under Satender Kumar Antil.
Refusal to quash proceedings; direction to file bail application within 30 days for consideration.
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Neutral Citation No. - 2024:AHC:119795
Court No. - 82
Case :- APPLICATION U/S 482 No. - 22784 of 2024
Applicant :- Sonu Gupta And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Maurya Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
The present application u/s 482 Cr.P.C. has been moved with prayer to quash the entire proceeding of Case No.1151 of 2022 (State of U.P. vs. Sonu Gupta and others) and charge sheet no.A-162/2021 dated 18.12.2021 as well as cognizance/summoning order dated 10.10.2022 in Case Crime No.155/2021, under Section 323, 308, 504 I.P.C., Police Station Bansdih Road, District Ballia pending before Judicial Magistrate IInd, Ballia.
It is submitted by learned counsel for the applicants that in this case they are innocent and were falsely implicated in the case. During the course of investigation no proper evidence was collected by the I.O. but charge sheet was filed and the learned trial court also took cognizance of the offence without applying its judicial mind, therefore, request to quash the entire proceedings of the case.
Learned A.G.A. has objection in this regard.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and from perusal of the record, there appears no ground to quash the entire proceedings of the case, therefore, the prayer in this regard is hereby refused. However, as per submission made by learned counsel for the applicants it is directed that in case applicants appear and move bail application before the court concerned within a period 30 days, from today the same shall be heard and decided in light of the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2022 SC 577 decided on 11.07.2022.
Accordingly, this application is disposed of finally.
Order Date :- 26.7.2024 Ashok Gupta
Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the proceedings in the criminal case should be quashed upon the applicants' claim of false implication and lack of evidence.
The procedural direction for the applicants to make a subsequent bail application within a specified timeframe.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherReferred¶10
Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2022 SC 577
Sonu Gupta and another
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
