Surya Indramani and 2 Others vs State of U.P. and… — Cheating and Forgery | Allahabad HC (2025)

Surya Indramani and 2 Others vs State of U.P. and… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of on withdrawal, with liberty to the applicants to file a bail application before the court of competent jurisdiction; any such bail application to be decided in light of the cited Supreme Court judgments.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 129 of 2024 (arising out of case crime No. 130 of 2023, under Sections 323, 504, 506, 406, 420 I.P.C.) and the cognizance/summoning order dated 22.2.2024 should be quashed under Section 482 Cr.P.C.

Court's answer

Upon considering the facts and circumstances of the case, the Court refused the applicants' prayer to quash the criminal proceedings and the cognizance/summoning order.

Ratio / Principle

After some arguments, learned counsel for the applicants withdrew the application, and the Court granted liberty to file a bail application before the court of competent jurisdiction.

Key takeaways

If a bail application is filed, it shall be decided in the light of the observations made in the Supreme Court judgments in Satender Kumar Antil v. CBI, Siddharth v. State of U.P. and Aman Preet Singh v. CBI.obiter¶11

Detailed headnote1 paragraphs

Section 482 Cr.P.C. application (Application U/S 482 No. 22398 of 2024) by Surya Indramani and 2 others to quash the entire proceedings of Criminal Case No. 129 of 2024 (State Vs. Surya Indra Mani and others), arising out of case crime No. 130 of 2023 under Sections 323, 504, 506, 406, 420 I.P.C., Police Station Khuldabad, District Commissionerate Prayagraj, and the cognizance/summoning order dated 22.2.2024 of the Judicial Magistrate, IIIrd, Allahabad — prayer refused. Counsel permitted to withdraw the application with liberty to file a bail application before the court of competent jurisdiction; such bail application to be decided in light of Satender Kumar Antil v. CBI, (2021) 10 SCC 773; Siddharth v. State of U.P., 2022 (11) SCC 676; and Aman Preet Singh v. CBI, 2021 SCC OnLine SC 941. Charge sheet had been submitted without arrest of the applicants; offence stated to be punishable up to 7 years.

Neutral Citation No. - 2025:AHC:1021

Court No. - 75

Case :- APPLICATION U/S 482 No. - 22398 of 2024

Applicant :- Surya Indramani And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar Shukla,Suresh Kumar Goswami Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Shri Raj Kumar Shukla, learned counsel for the applicants and Shri R.K. 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 criminal case No. 129 of 2024 (State Vs. Surya Indra Mani and others) arising out of case crime No. 130 of 2023, under Sections 323, 504, 506, 406, 420, I.P.C., Police Station Khuldabad, District Commissionerate Prayagraj as well as cognizance/summoning order dated 22.2.2024, pending in the court of Judicial Magistrate, IIIrd, Allahabad.

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 :- 3.1.2025 T. Sinha

Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad