Disposed

Yogesh and 3 Others v. State of U.P. and Another

Allahabad HC8 Nov 2024A482/27324/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash criminal proceedings and a cognizance/summoning order in a case under Sections 354, 323 and 506 IPC. The court refused the prayer; the applicant withdrew the application with liberty to seek bail, to be decided in light of Supreme Court bail guidelines.

What did the court decide?

Application withdrawn with liberty to file a bail application before the competent court.

Yogesh and 3 Others vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:175290

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 27324 of 2024

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Applicant :- Yogesh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Shri Ajay Kumar Mishra, learned counsel for the applicants and Shri A.K. Rai, learned A.G.A. for the State are present.

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Present application under Section 482, Cr.P.C. has been filed by the applicants to quash the entire proceedings of case No. 98 of 2024 (State Vs. Arjun Giri and others) arising out of case crime No. 930 of 2020, under Sections 354, 323, 506, I.P.C., Police Station Khurja Nagar, District Bulandshahr as well as cognizance/summoning order dated 1.2.2024, pending in the court of Additional Chief Judicial Magistrate, Khurja Nagar, District Bulandshahr.

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Learned counsel for the applicants submits that applicants were not arrested during the course of investigation and the charge sheet has been submitted against them. It is further submitted that the offence is punishable up to 7 years imprisonment.

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Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicants is, hereby, refused.

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After some arguments, learned counsel for the applicants wants to withdraw the application with liberty to file a bail application before the court of competent jurisdiction.

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In case bail application is filed by the learned counsel for the applicants, 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 and another, 2022(11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director, 2021 SCC Online SC 941.

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The application stands disposed of with the aforesaid liberty.

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Order Date :- 8.11.2024 T. Sinha

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Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad

Yogesh and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Yogesh and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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