This order dismisses the application under Section 482 CrPC to quash proceedings, granting liberty to file a regular bail application for consideration in light of recent Supreme Court judgments.
Application disposed of with liberty to file a regular bail application before the competent court.
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Neutral Citation No. - 2024:AHC:150265
Court No. - 78
Case :- APPLICATION U/S 482 No. - 29823 of 2024 Applicant :- Alisher And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Sri Rajesh Kumar Pandey, learned counsel for the applicants and Sri Vijay Kumar Mishra, learned brief holder 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 Criminal Case No. 672 of 2022, (State of U.P. Vs. Ali Sher) arising out of Case Crime No. 48 of 2020, under Sections 452, 323, 308 of IPC, Police Station Aurangabad, District Bulandshahar, as well as cognizance and summoning order dated 13.06.2022, pending in the Court of Judicial Magistrate, First, Bulandshahar.
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 offences are punishable up to 7 years imprisonment.
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 :- 13.9.2024 Akram
Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad
2 issues framed by the court
whether the application under Section 482 CrPC to quash criminal proceedings should be disposed of with liberty to file a bail application
whether the proceedings arising out of offences punishable up to 7 years imprisonment can be quashed
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation & AnotherReferred¶9
Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773 · Who else cites this
Siddharth Vs. The State of Uttar Pradesh & AnotherReferred¶9
Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 · Who else cites this
Aman Preet Singh Vs. C.B.I. through DirectorReferred¶9
Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941 · Who else cites this
1 provisions across 1 enactments
Alisher And 3 Others
State of U.P.
Sanjay Kumar Pachori
Mohammad Akram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
