Disposed

Sonu Kumar Gautam and 3 Others v. State of U.P. and Another

Allahabad HC8 Nov 2024A482/27615/2024

Case brief

AI extract

What is this about?

Applicants sought quashing of proceedings in a case under Sections 323, 504, 506, 308, 452 IPC and the cognizance/summoning order. Prayer was refused; counsel withdrew the application with liberty to file a bail application, to be decided per Supreme Court observations cited.

What did the court decide?

Liberty to withdraw the application and file a bail application before the court of competent jurisdiction.

Sonu Kumar Gautam 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:175556

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 27615 of 2024

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Applicant :- Sonu Kumar Gautam And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Khurshed Alam Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Supplementary affidavit filed today by learned counsel for the applicants is taken on record.

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Shri Khurshed Alam, learned counsel for the applicants and Shri Tej Bhan Singh, 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. 6808 of 2024, arising out of case crime No. 40 of 2024, under Sections 323, 504, 506, 308, 452, I.P.C., Police Station Khampar, District Deoria as well as cognizance/summoning order dated 10.5.2024, pending in the court of Additional Chief Judicial Magistrate, Court No. 19, Deoria.

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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

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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

Sonu Kumar Gautam and 3 Others v. State of U.P. and Another

Case brief

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Sonu Kumar Gautam and 3 Others v. State of U.P. and Another

Case brief

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