Partly allowed

Vinay Kumar Alias Vijay and Another v. State of U.P. and Another

Allahabad HC11 Sept 2024A482/28362/2024

Case brief

AI extract

What is this about?

The Single Judge acquitted the applicant of an interim order to quash criminal proceedings under Section 482 Cr.P.C., refusing the plea without arrest prior to charge sheet. The application was disposed of with liberty to file a bail application, discharged under Supreme Court precedents regarding quashing and bail.

What did the court decide?

Application refused; disposed of with liberty to file a bail application, to be decided in light of Supreme Court precedents.

Vinay Kumar Alias Vijay and Another vs State of U.P. and… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:183960

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 28362 of 2024 Applicant :- Vinay Kumar Alias Vijay And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hiralal Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Shri Hiralal, 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. 1011 of 2019 (State of U.P. Vs. Vinay Kumar and another) arising out of case crime No. 12 of 2019, under Sections 323, 504, 452, 354Kha, I.P.C., Police Station Chakiya, District Chandauli as well as cognizance/summoning order dated 15.2.2024, pending in the court of Judicial Magistrate, Chakiya, Chandauli.

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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 :- 25.11.2024/T. Sinha

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

Vinay Kumar Alias Vijay and Another v. State of U.P. and Another

Case brief

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Vinay Kumar Alias Vijay and Another v. State of U.P. and Another

Case brief

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