Mohammad Waseem and Another vs State of U.P. and Another

Neutral Citation No. - 2024:AHC:161085

Court No. - 78

Case :- APPLICATION U/S 482 No. - 32208 of 2024 Applicant :- Mohammad Waseem And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Sahu Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Sri Ravi Sahu, learned counsel for the applicants and 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. 63965 of 2024, arising out of Case Crime No. 152 of 2023, under Sections 498-A, 323, 354(A), 504, 506 of I.P.C., Police Station- Gwaltoli, District- Kanpur Nagar, as well as cognizance/summoning order dated 21.06.2024, pending in the Court of A.C.J.M., Court No. 7, Kanpur Nagar.

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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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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 :- 1.10.2024 A.P. Pandey

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Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad

Mohammad Waseem and Another v. State of U.P. and Another

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Mohammad Waseem and Another v. State of U.P. and Another

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