The High Court refused the applicant's Section 482 CrPC application to quash criminal proceedings. The court allowed the applicant to withdraw the petition with liberty to file a regular bail application, referencing recent Supreme Court precedents on bail.
Application refused; liberty granted to withdraw application and file regular bail.
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Neutral Citation No. - 2024:AHC:198274
Court No. - 77
Case :- APPLICATION U/S 482 No. - 34364 of 2024
Applicant :- Surendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Supplementary affidavit filed today which is taken on record.
Sri Pradeep Kumar Shukla, learned counsel for the applicant and Sri Psup Raj Singh, learned A.G.A. 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. 13 of 2024, (State Vs. Surendra) arising out of Case Crime No. 210 of 2022, under Sections 452, 324, 504, 506 of I.P.C., Police Station- Shergarh, District- Bareilly, as well as cognizance/ summoning order 08.02.2024 pending in the Court of Civil Judge (Senior Division)/ Fast Track Court)/ A.C.J.M., Bareilly.
Learned counsel for the applicant submits that applicant was not arrested during the course of investigation and the charge-sheet has been submitted against him. It is further submitted that the offence is punishable up to 7 years imprisonment.
Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicant is, hereby, refused.
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.
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.
The application stands disposed of with the aforesaid liberty.
Order Date :- 18.12.2024 Ishan
Digitally signed by :- ISHAN JAISWAL 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 allowed given the offence is punishable up to 7 years and the applicant was not arrested.
Whether the application can be withdrawn with liberty to file a regular bail application.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation & AnotherReferred¶12
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¶12
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¶12
Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941. · Who else cites this
Surendra
State of U.P.
Sanjay Kumar Pachori
Ishan Jaiswal
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
