The Allahabad High Court refused to quash criminal proceedings under Sections 420 IPC et al. The applicant withdrew the Section 482 application with liberty to file a bail application relying on specific Supreme Court decisions.
Application disposed of as withdrawn with liberty to file a bail application.
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Neutral Citation No. - 2024:AHC:135645
Court No. - 78
Case :- APPLICATION U/S 482 No. - 24114 of 2024
Applicant :- Surendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Ms. Sunita Chauhan, Advocate holding brief of Sri Pradeep Kumar, learned counsel for the applicant and Sri Karunakar 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 Case No.16728 of 2023 (State vs. Surendra Singh), arising out of Case Crime No. 127 of 2022, under Sections 420, 323, 504, 506 IPC, P.S. Majhola, District Moradabad as well as cognizance/summoning order dated 18.04.2023, pending in the court of Additional Chief Judicial Magistrate VI, Moradabad.
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In view of the above, this application is disposed of as withdrawn with liberty to the applicant to file an appropriate application for bail before the court below in terms of the decisions rendered by the Supreme Court in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 :- 23.8.2024 MAA/-
Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the application under Section 482 Cr.P.C. should be withdrawn with liberty to file a bail application.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
Surendra Singh
State of U.P.
Sanjay Kumar Pachori
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
