The Single Judge dismissed the application to quash criminal proceedings under Section 482 Cr.P.C., refusing the prayer. The applicant was granted liberty to withdraw the application and file a regular bail application.
Application to quash refused; liberty granted to withdraw and file regular bail application.
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Neutral Citation No. - 2025:AHC:77471
Court No. - 72
Case :- APPLICATION U/S 482 No. - 4145 of 2025
Applicant :- Ishwarchandra Shastri Alias Ishwar Chand Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Niketa Sharma,Rahul Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Rahul Kumar Sharma, learned counsel for the applicant 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 Cr.P.C. has been filed to quash the entire proceedings of Criminal Case No. 65012 of 2024 (State Vs. Ishwarchandra Shastri), arising out of Case Crime No. 416 of 2022, under Sections 406, 420, 504, 506 of I.P.C., Police Station- Naujheel, District- Mathura as well as cognizance/ summoning order dated 22.07.20204, pending in the Court of Additional Chief Judicial Magistrate, Court No. 4, Mathura.
Learned counsel for the applicant submits that applicant was not arrested during the course of investigation and the charge-sheet has been submitted against him. 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 applicant is, hereby, refused.
After some arguments, learned counsel for the applicant 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 judgment 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 expect 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 :- 13.5.2025 MAA/-
Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether to quash criminal proceedings under Section 482 Cr.P.C. when charge-sheet has been submitted without arrest.
Whether to grant liberty to withdraw quashing application in favor of filing regular bail.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
Ishwarchandra Shastri Alias Ishwar Chand Sharma
Sanjay Kumar Pachori
As recorded by the court registry
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