Application for quashing criminal proceedings dismissed as the charge-sheet was submitted. Liberty granted to file regular bail application in light of Supreme Court guidelines.
Application disposed of with liberty to file regular bail application.
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Neutral Citation No. - 2024:AHC:130861
Court No. - 78
Case :- APPLICATION U/S 482 No. - 23642 of 2024
Applicant :- Aryendra Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohit Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Sri Mohit Kumar Tiwari, learned counsel for the applicants and Sri Madhvendra Pratap 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 Criminal Case No. 3274 of 2024, (State Vs. Rajnesh Dubey @ Baba and others) arising out of Case Crime No. 53 of 2024, under Sections 147, 323, 504, 506, 308/34 of I.P.C., Police StationKampil, District- Farrukhabad, as well as cognizance/ summoning order 03.06.2024 pending in the Court of Chief Judicial Magistrate, Farrukhabad.
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 :- 13.8.2024 Ishan
Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of InvestigationReferred¶11
Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773 · Who else cites this
Siddharth Vs. The State of Uttar PradeshReferred¶11
Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 · Who else cites this
Aman Preet Singh Vs. C.B.I.Referred¶11
Aman Preet Singh Vs. C.B.I. through Director 2021 SCC
2 provisions across 2 enactments
Aryendra Kumar
Pachori
As recorded by the court registry
2 orders share this CNR
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