Disposed¶11

Kuldeep v. State of U.P. and Another

Allahabad HC9 Jan 2025A482/558/2025

Case brief

AI extract

What is this about?

Kuldeep v. State of U.P. and Another; Allahabad High Court; Sanjay Kumar Pachori, J.; APPLICATION U/S 482 No. 558 of 2025; Section 482 CrPC quashing application withdrawn and disposed of; liberty to file regular bail application; bail to follow Satender Kumar Antil (2021) 10 SCC 773, Siddharth (2022) 11 SCC 676, Aman Preet Singh 2021 SCC Online SC 941; Criminal Case No. 19214 of 2024; Case Crime No. 394 of 2023; Sections 323, 325, 504, 308 IPC; P.S. Sungadi, District Pilibhit; cognizance/summoning order dated 28.11.2024; C.J.M. Pilibhit; charge-sheet filed without arrest; offence punishable up to 7 years; order date 9.1.2025; neutral citation 2025:AHC:5152.

What did the court decide?

Application permitted to be withdrawn and disposed of with liberty to file a regular bail application before the court of competent jurisdiction. ¶11

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

What the court decided

AI extract

Outcome

Application permitted to be withdrawn and disposed of with liberty to file a regular bail application before the court of competent jurisdiction.

¶11

Issue for consideration

Whether the entire proceedings of Criminal Case No. 19214 of 2024, arising out of Case Crime No. 394 of 2023 under Sections 323, 325, 504, 308 IPC (P.S. Sungadi, District Pilibhit), and the cognizance/summoning order dated 28.11.2024 pending before the C.J.M., Pilibhit, ought to be quashed under Section 482 CrPC.

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Ratio / Principle

After arguments, learned counsel for the applicant sought to withdraw the application, and the withdrawal with liberty to file a regular bail application before the court of competent jurisdiction was accepted.

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Key takeaways

The Section 482 application stands disposed of with the aforesaid liberty; the quashing issue was not adjudicated.ratio¶11
If a bail application is subsequently filed, it shall be decided in 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¶10

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Sanjay Kumar Pachori, J.), Order dated 9.1.2025, Neutral Citation 2025:AHC:5152 — Application under Section 482 CrPC (APPLICATION U/S 482 No. 558 of 2025) by Kuldeep seeking quashing of the entire proceedings of Criminal Case No. 19214 of 2024, arising out of Case Crime No. 394 of 2023 under Sections 323, 325, 504, 308 IPC, P.S. Sungadi, District Pilibhit, and the cognizance/summoning order dated 28.11.2024 pending before the C.J.M., Pilibhit. Counsel submitted that the applicant was not arrested during investigation, a charge-sheet was filed, and the offence is punishable up to 7 years. After arguments, counsel withdrew the application with liberty to file a regular bail application; the Court disposed of the application with that liberty and directed that any such bail application 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 itself was not adjudicated.

Kuldeep v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Kuldeep v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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