Single Judge refused the quashing application under Section 482 CrPC. The applicant subsequently withdrew the application with liberty to file a bail application, referencing specific Supreme Court decisions as support.
Application disposed of as withdrawn with liberty to file a bail application in the court below.
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Neutral Citation No. - 2024:AHC:177704
Court No. - 77
Case :- APPLICATION U/S 482 No. - 23398 of 2024
Applicant :- Saiyad Zahid Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Waseem,Pramod Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Pramod Kumar Dubey, learned counsel for the applicant and Sri R.K.Singh, learned A.G.A. for the State and perused the material on record.
The present application under Section 482 Cr.P.C. has been filed by the applicant to quash the entire proceeding of Criminal Case No. 898 of 1997 (State vs. Zahid Ali and others), arising out of Case Crime No. 101 of 1991, under Sections 279, 338, 337, 304-A IPC, P.S. Katra, District Shahjahanpur, as well as cognizance/summoning order dated 10.05.1992, NBW order dated 04.11.2000 and order dated 02.03.2020 under Sections 82 & 83 Cr.P.C., pending in the court of Additional Chief Judicial Magistrate-3, Shahjahanpur.
Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicant is hereby refused.
After some arguments, learned counsel for the applicant wants to withdraw this application with liberty to file a bail application before the court of competent jurisdiction.
In view of the above, this application is disposed of as withdrawn with liberty to the applicant to file an appropriate application for bail before the court below in terms of the decisions rendered by the Supreme Court in Satendra Kumar Antil vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773 and Siddharth Vs. The State of Uttar Pradesh and another, 2022(11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director, 2021 SCC Online SC 941 .
Order Date :- 13.11.2024 MAA/-
Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether to quash the entire criminal proceeding including cognizance, summoning, and non-bailable warrant orders.
Whether to allow withdrawal of Section 482 application with liberty to file a bail application.
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. Central Bureau of Investigation & AnotherReferred¶10
Satendra Kumar Antil vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773 · Who else cites this
Siddharth Vs. The State of Uttar Pradesh and anotherReferred¶10
Siddharth Vs. The State of Uttar Pradesh and 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
3 provisions across 2 enactments
Saiyad Zahid Ali
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
