Partly allowed

Riyajuddin and Another v. State of U.P. and Another

Allahabad HC26 Nov 2024A482/34232/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. to quash proceedings for IPC offences including Section 308, the High Court refused the quashing prayer as pleadings swayed against the applicant. The applicant was allowed to withdraw with liberty to file a bail application decided later in light of Supreme Court precedents.

What did the court decide?

Application refused; applicant allowed to withdraw application with liberty to file bail application.

Riyajuddin and Another Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:185683

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 34232 of 2024 Applicant :- Riyajuddin And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ranveer Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Shri Ranveer Singh, learned counsel for the applicants and Shri Rahul Pandey, learned brief holder for the State are present.

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Present application under Section 482, Cr.P.C. has been filed by the applicants to quash the entire proceedings of case No. 42047 of 2023 (State Vs. Nizamuddin and others) arising out of case crime No. 195 of 2022, under Sections 308, 323, 504, 506, I.P.C., Police Station Kundarki, District Moradabad as well as cognizance/summoning order dated 17.10.2023, pending in the court of Chief Judicial Magistrate, Moradabad.

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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 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 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, 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 and 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 :- 27.11.2024/T. Sinha

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Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad

Riyajuddin and Another v. State of U.P. and Another

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Riyajuddin and Another v. State of U.P. and Another

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