Ramkrit and 8 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Ramkrit and 8 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to withdraw the Section 482 application and to file a regular bail application before the court of competent jurisdiction, any such bail application to be decided in the light of the observations in Satender Kumar Antil (2021) 10 SCC 773, Siddharth 2022 (11) SCC 676 and Aman Preet Singh 2021 SCC Online SC 941.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 62221 of 2023 (State Vs. Ramkrit & others), arising out of Case Crime No. 190 of 2023, and the cognizance/summoning order dated 29.06.2023 should be quashed under Section 482 CrPC. +1 more

Ratio / Principle

The application was permitted to be withdrawn after arguments, with liberty to file a regular bail application before the court of competent jurisdiction.

Key takeaways

Any bail application filed by the applicants shall be decided in the light of the observations made in the Supreme Court judgments in 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; this directive attaches to a future bail application and formed no necessary step in the present disposal.obiter¶9

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Sanjay Kumar Pachori, J.; Application U/S 482 No. 32065 of 2024; Order Date 18.2.2025; Neutral Citation No. 2025:AHC:23060). Application under Section 482 of the Code of Criminal Procedure, 1973 by Ramkrit and 8 Others to quash the entire proceedings of Criminal Case No. 62221 of 2023 (State Vs. Ramkrit & others), arising out of Case Crime No. 190 of 2023 under Sections 147, 452, 427, 323, 504, 506, 308, 325 IPC, Police Station Jhangha, District Gorakhpur, and the cognizance/summoning order dated 29.06.2023 pending before the Civil Judge (S.D.), Court No. 5, Gorakhpur. After some arguments, learned counsel for the applicants withdrew the application; it was disposed of with liberty to file a regular bail application before the competent court, any such bail application to be decided in light of the observations in 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. The quashing question was not adjudicated on merits.

Neutral Citation No. - 2025:AHC:23060

Court No. - 75

Case :- APPLICATION U/S 482 No. - 32065 of 2024 Applicant :- Ramkrit And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harishchandra Dubey,Vishvajeet Pandey Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Sri Harishchandra Dubey, learned counsel for the applicants 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. 62221 of 2023, (State Vs. Ramkrit & others), arising out of Case Crime No. 190 of 2023, under Sections 147, 452, 427, 323, 504, 506, 308, 325 of I.P.C., Police StationJhangha, District- Gorakhpur as well as cognizance/summoning order dated 29.06.2023, pending in the Court of Civil Judge (S.D.), Court No. 5, Gorakhpur.

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.

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.

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.

The application stands disposed of with the aforesaid liberty.

Order Date :- 18.2.2025/MAA/-

Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad