The court dismissed the application under Section 482 Cr.P.C. seeking quashing of criminal proceedings. The applicant was allowed to withdraw the application with liberty to file a bail application based on recent Supreme Court precedents.
Withdrawal of quashing application allowed; liberty granted to file bail application.
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Neutral Citation No. - 2024:AHC:171141
Court No. - 77
Case :- APPLICATION U/S 482 No. - 35962 of 2024 Applicant :- Bijendra Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Punya Sheel Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Shri Punya Sheel Pandey, learned counsel for the applicants and Shri Tej Bhan Singh, learned A.G.A. for the State are present.
Present application under Section 482, Cr.P.C. has been filed by the applicants to quash the entire proceedings of case No. 22384 of 2021 (State Vs. Bijendra Singh and others) arising out of case crime No. 264 of 2020, under Sections 452, 323, 504, 506, I.P.C., Police Station Raya, District Mathura as well as cognizance/summoning order dated 7.1.2023, pending in the court of Additional Chief Judicial Magistrate-Ist, Mathura.
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.
Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicants is, hereby, refused.
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.
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.
The application stands disposed of with the aforesaid liberty.
Order Date :- 24.10.2024/T. Sinha
Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the application under Section 482 Cr.P.C. to quash criminal proceedings ought to be allowed.
Whether the applicants are entitled to withdraw the quashing application with liberty to file bail application.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation & AnotherReferred¶10
Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773 · Who else cites this
Siddharth Vs. The State of Uttar Pradesh and anotherReferred¶10
Siddharth Vs. The State of Uttar Pradesh and another, 2022(11) SCC 676 · Who else cites this
Aman Preet Singh Vs. C.B.I. through DirectorReferred¶10
Aman Preet Singh Vs. C.B.I. through Director, 2021 SCC Online SC 941 · Who else cites this
1 provisions across 1 enactments
Bijendra Singh and 3 Others
Sanjay Kumar Pachori
Tripta Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
