Application under Section 482 CrPC to quash criminal proceedings and cognizance order in a case under IPC sections including 452 and 323. Applicant sought withdrawal with liberty to file regular bail; application disposed of accordingly.
Liberty to withdraw the Section 482 application and file a regular bail application before the competent court.
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Neutral Citation No. - 2025:AHC:10131
Court No. - 75
Case :- APPLICATION U/S 482 No. - 1671 of 2025
Applicant :- Sandeep Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajeet Singh,Randhir Jain,Sandeep Kumar Keshari Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Sandeep Kumar Keshari, learned counsel for the applicant and 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.668 of 2019, (State Vs. Sandeep) arising out of Case Crime No.218 of 2018, under Sections 147, 352, 504, 452, 323, 504 of I.P.C., Police Station- Mirzamurad, District- Varanasi, as well as the summoning/cognizance order dated 10.10.2024, pending in the Court of A.C.J.M., Court No.2, Varanasi.
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.
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 :- 21.1.2025/Akram
Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation & AnotherReferred
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
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
Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941 · Who else cites this
2 provisions across 2 enactments
Sandeep Kumar
State of U.P.
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
