BRAHMA KALI AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/33310/2024 · 2025-01-24
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 101664 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 101664 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:12563 Court No. - 75 Case :- APPLICATION U/S 482 No. - 33310 of 2024 Applicant :- Brahma Kali And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dheeraj Vishwakarma,Rama Kant Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Shri Phool Chand Saroj, Advocate holding brief of Shri Dheeraj Vishwakarma, learned counsel for the applicants and Shri Vijay Kumar Mishra, learned brief holder for the State are present. Present application under Section 482, Cr.P.C. has been filed by the applicants to quash the entire proceedings of criminal case No. 36376 of 2024, arising out of case crime No. 171 of 2024, under Sections 308, 323, 324, 504, 506, I.P.C., Police Station Mandawar, District Bijnor as well as cognizance/summoning order dated 7.8.2024, pending in the court of Additional Chief Judicial Magistrate, Court No. 2, Bijnor.
Learned counsel for the applicants submits that applicants were not arrested during the course of investigation and the charge sheet has 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 bail application before the court of competent jurisdiction. In case bail application is filed by the learned counsel for the applicants, 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 and 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 :- 24.1.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad