Salahuddin and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Salahuddin and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for quashing refused; the Section 482 application stands disposed of as withdrawn at the instance of learned counsel for the applicants, with liberty to file a regular bail application before the court of competent jurisdiction, such bail application to be decided in the light of the Supreme Court's observations in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51.

Issue for consideration

Whether the entire proceedings of the case arising out of Case Crime No. 146 of 2023 (State Vs. Salahuddin), under Sections 323, 504, 506, 325 of I.P.C., Police Station Didarganj, District Azamgarh, together with the cognizance/summoning order dated 04.09.2023 pending before the Judicial Magistrate, Court No. 15, Azamgarh, should be quashed under Section 482 of the Code of Criminal Procedure, 1973.

Court's answer

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

Ratio / Principle

At the instance of learned counsel for the applicants, the application was permitted to be withdrawn, with liberty to file a regular bail application before the court of competent jurisdiction.

Key takeaways

Any bail application subsequently filed by the applicants 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, (2022) 10 SCC 51.ratio¶11

Detailed headnote1 paragraphs

APPLICATION U/S 482 No. 33861 of 2024 (High Court of Judicature at Allahabad, Sanjay Kumar Pachori, J.; Order Date 14.2.2025): The applicants' prayer under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of Case Crime No. 146 of 2023 (State Vs. Salahuddin) under Sections 323, 504, 506, 325 of I.P.C., Police Station Didarganj, District Azamgarh, along with the cognizance/summoning order dated 04.09.2023 pending before the Judicial Magistrate, Court No. 15, Azamgarh, was refused. Learned counsel was permitted to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction; any such bail application is to be decided in the light of the observations made in the Supreme Court judgment in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51, wherein (category A, paragraph 2, as reproduced therein) bail applications of accused against whom the charge-sheet has been submitted on appearance may be decided without the accused being taken in physical custody or by granting interim bail till the bail application is decided. Contextual facts: applicants were not arrested during investigation; charge-sheet had been submitted against them; offence stated to be punishable up to 7 years imprisonment.

Neutral Citation No. - 2025:AHC:21374

Court No. - 75

Case :- APPLICATION U/S 482 No. - 33861 of 2024

Applicant :- Salahuddin And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nayab Ahmad Khan,Ravindra Sharma Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Sri Chandan Kumar Chaturvedi, Advocate holding brief of Sri Nayab Ahmad Khan, learned counsel for the applicants and Sri Ashwani Kumar Rai, 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 case arising out of Case Crime No. 146 of 2023, (State Vs. Salahuddin), under Sections 323, 504, 506, 325 of I.P.C., Police Station- Didarganj, District- Azamgarh, as well as cognizance/ summoning order 04.09.2023 pending in the Court of Judicial Magistrate, Court No. 15, Azamgarh.

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.

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 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, (2022) 10 SCC 51, wherein the Supreme Court considering the category(A) as mentioned in the paragraph no. 2, bail applications of such accused against which

charge-sheet has been submitted on appearance may be decided without the accused being taken in physical custody or by granting interim bail till the bail application is decided. It has been observed that at the cost of repetition, we wish to state that, in category A, one would except a better exercise of discretion on the part of the court in favour of the accused.

The application stands disposed of with the aforesaid liberty.

Order Date :- 14.2.2025 Ishan

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