Partly allowed

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

Allahabad HC16 Dec 2024A482/30663/2024

Case brief

AI extract

What is this about?

This single-line order refused the application to quash criminal proceedings under Section 482 CrPC involving non-arrested accused. The application was withdrawn with liberty to file a regular bail application, to be decided referencing specific Supreme Court judgments on conditional bail and quashing.

What did the court decide?

Withdrawal of the present quashing application allowed. Liberty to file a rule for bail granted in future.

Harendra 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:197018

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 30663 of 2024

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Applicant :- Harendra And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Virendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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SriVirendra Singh, learned counsel for the applicants and Sri Vijay Kumar Mishra, learned A.G.A. for the State and perused the material on record.

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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. 4695 of 2023, (State Vs. Harendra And others) arising out of Case Crime No. 332 of 2020, under Sections 452, 323, 325 of I.P.C., Police Station-Narsaina, District Bulandshahr, as well as cognizance/ summoning order dated 25.07.2023 pending in the Court of Additional Chief Judicial Magistrate, Court Room No. 01, 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 have 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 regular 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, 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.

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The application stands disposed of with the aforesaid liberty.

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Order Date :- 16.12.2024 Vikram

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Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad

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

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

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