High Court dismissed an application to quash criminal proceedings under Section 482 Cr.P.C. due to prima-facie case established by prosecution witnesses. Court directed the lower court to decide the pending bail application same day.
Application to quash proceedings refused; direction to lower court to decide bail application same day.
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Neutral Citation No. - 2024:AHC:175187
Court No. - 72
Case :- APPLICATION U/S 482 No. - 36923 of 2024
Applicant :- Kamla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Priya Singh,Shailendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
"It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and quash the entire criminal proceedings of Criminal Case No. 8693 of 2022 (State Versus Kamla) and impugned Chargesheet dated 25.05.2022 as well as summoning/cognizance order dated 08.07.2024 arising out of Case Crime No. 97 of 2022, under Section 420 I.P.C. P.S. Robertsganj, District Sonbhadra, pending before the Court of Judicial Magistrate, Sonbhadra.
It is, further prayed that this Hon'ble Court may graciously be pleased to stay the entire proceedings of Criminal Case No. 8693 of 2022 (State Versus Kamla) and impugned Chargesheet dated 25.05.2022 as well as summoning/cognizance order dated 08.07.2024 arising out of Case Crime No. 97 of 2022, under Section 420 I.P.C. P.S. Robertsganj, District Sonbhadra, pending before the Court of Judicial Magistrate, Sonbhadra in the interest of justice, during the pendency of the present application before this Hon'ble Court, and/or grant such other and further order, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, otherwise the applicants shall suffer irreparable loss and injury."
Order Date :- 7.11.2024 HSM
Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the application to quash entire criminal proceedings under Section 482 Cr.P.C. deserves to be allowed.
Whether the bail application of the applicant should be decided immediately.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherReferred¶12
Satender Kumar Antil Vs. Central Bureau of Investigation and another (2021) 10 SCC 773 · Who else cites this
1 provisions across 1 enactments
Kamla
State of U.P.
Rajeev Misra
Hari Shanker Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
