High Court refused an application under Section 482 Cr.P.C. to quash proceedings cognizable under IPC Sections 147, 323, 504, 506 for offences punishable up to seven years. Application disposed with liberty to file regular bail.
Application under Section 482 Cr.P.C. refused; liberty granted to file regular bail application.
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Neutral Citation No. - 2024:AHC:170680
Court No. - 77
Case :- APPLICATION U/S 482 No. - 29300 of 2024
Applicant :- Santosh 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narayan Swaroop,Vinay Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Supplementary affidavit filed today, which is taken on record.
Sri Narayan Swaroop, learned counsel for the applicants and 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 Case No. 1057 of 2024, (State Vs. Santosh and others) arising out of Case Crime No. 157 of 2023, under Sections 147, 323, 504, 506 of I.P.C. against the applicants no. 1 to 3; under Sections 147, 504 of I.P.C. against applicant no. 4; under Sections 147, 323, 504, 506, 354(kha) of I.P.C. against the applicant no. 5, Police StationSidhpura, District- Kasganj, as well as cognizance/ summoning order 15.03.2024 pending in the Court of Chief Judicial Magistrate, Kasganj.
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 :- 24.10.2024 Ishan
Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad
2 issues framed by the court
Whether the application under Section 482 Cr.P.C. to quash proceedings in cases involving offences punishable up to seven years should be allowed.
Whether a regular bail application filed later shall be decided in light of Supreme Court judgments.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation & AnotherReferred¶12
Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773 · Who else cites this
Siddharth Vs. The State of Uttar PradeshReferred¶12
Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 · Who else cites this
Aman Preet Singh Vs. C.B.I.Referred¶12
Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941 · Who else cites this
1 provisions across 1 enactments
Santosh
Sanjay Kumar Pachori
As recorded by the court registry
3 orders share this CNR
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