Disposed

Arun Kumar Pandey v. State of U.P. and Another

Allahabad HC5 Nov 2024A482/31840/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC to quash proceedings under Sections 406 and 420 IPC was withdrawn by the applicant after the prayer to quash was refused. Liberty granted to file a regular bail application, to be decided in light of Supreme Court guidance on arrest and bail.

What did the court decide?

Liberty to file a regular bail application before the competent jurisdiction; no other relief granted.

Arun Kumar Pandey vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:198087

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 31840 of 2024

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Applicant :- Arun Kumar Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyendra Narayan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Sri Satyendra Narayan Singh, learned counsel for the applicant and Sri Alok 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. 34396 of 2024, (State Vs. Arun Kumar Pandey) arising out of Case Crime No. 814 of 2023, under Sections 406, 420 of I.P.C., Police Station- Kavi Nagar, District- Ghaziabad, as well as cognizance/ summoning order 12.08.2024 pending in the Court of Chief Judicial Magistrate, Ghaziabad.

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This is not a case of same set of Act.

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Learned counsel for the applicant submits that applicant was not arrested during the course of investigation and the chargesheet has been submitted against him. 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 applicant is, hereby, refused.

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After some arguments, learned counsel for the applicant 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 applicant, 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. Order Date :- 18.12.2024 Ishan

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Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad

Arun Kumar Pandey v. State of U.P. and Another

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Arun Kumar Pandey v. State of U.P. and Another

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