Dismissed

Vimala Devi Urf Girja and 4 Others v. State of U.P. and Another

Allahabad HC3 Jan 2025A482/22226/2024

Case brief

AI extract

What is this about?

The High Court refused to quash the criminal proceedings under Se. 482 CrPC in a case involving offences under Section 147, 148, 149 and 323 IPC. The court allowed the withdrawal of the application with liberty to file a regular bail application, directing future decisions be guided by recent Supreme Court precedents.

What did the court decide?

Withdrawal of the application allowed with liberty to file a regular bail application before the competent court.

Vimala Devi Urf Girja and 4 Others vs State of U.P. and… — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:1353

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 22226 of 2024

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Applicant :- Vimala Devi Urf Girja And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anoop Kumar Sharma,Vikas Rastogi Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Sri Vikas Rastogi, learned counsel for the applicants and Sri Pankaj Kumar Rai, brief holder for the State and perused the material on record.

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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. 3205 of 2022, (State Vs. Vimala Devi and others) arising out of Case Crime No. 513 of 2021, under Sections 147, 148, 323, 427, 352 of I.P.C., Police Station- Manjhanpur, District- Kaushambi, as well as charge-sheet dated 19.03.2022 pending in the Court of Chief Judicial Magistrate, Kaushambi.

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Learned counsel for the applicants submits that applicants were not arrested during the course of investigation and the charge-sheet have 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 regular 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, 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.

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The application stands disposed of with the aforesaid liberty.

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Order Date :- 3.1.2025 Ishan

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Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad

Vimala Devi Urf Girja and 4 Others v. State of U.P. and Another

Case brief

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Vimala Devi Urf Girja and 4 Others v. State of U.P. and Another

Case brief

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