Disposed

Suresh Narain Trivedi and Another v. State of U.P. and Another

Allahabad HC27 Jan 2025A482/37730/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash proceedings and summoning order in a case under Sections 427, 504, 353, 506 IPC. The initial prayer was refused; counsel sought withdrawal with liberty to file regular bail. The Court permitted withdrawal, directing the bail application be decided per Satender Kumar Antil.

What did the court decide?

Liberty to withdraw application and file regular bail; bail application to be decided per Satender Kumar Antil observations.

Suresh Narain Trivedi and Another vs State of U.P. and… — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:13730

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 37730 of 2024 Applicant :- Suresh Narain Trivedi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Srivastava,Ram Karan Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Sri Ashok Kumar Srivastava, learned counsel for the applicants and Rahul Pandey, brief holder for the State and perused the record.

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The present application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Case No.1578 of 2023 (State vs. Govind Trivedi and others), arising out of Case Crime No. 662 of 2022, under Section 427, 504, 353, 506 I.P.C., P.S. Ghatampur, District Kanpur Dehat as well as cognizance/summoning order dated 29.11.2023 passed by Judicial Magistrate, Ghatampur, Kanpur Dehat, pending in the court of Judicial Magistrate, Ghatampur, Kanpur Dehat.

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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, (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

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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.

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The application stands disposed of with the aforesaid liberty. Order Date :- 27.1.2025 Jitendra

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Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad

Suresh Narain Trivedi and Another v. State of U.P. and Another

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Suresh Narain Trivedi and Another v. State of U.P. and Another

Case brief

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