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Neutral Citation No. - 2025:AHC:13352 Court No. - 83 Case :- APPLICATION U/S 482 No. - 2823 of 2025 Applicant :- Amit And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lalit Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Criminal Case No.2309 of 2024 (State vs. Amit and others) under Sections 147, 323, 504, 506, 325 and 308 IPC pending in the Court of Judicial Magistrate-II, Mathura, arising out of Case Crime No.395 of 2023, Police Station Farah, District Mathura as well as cognizance and summoning
order dated 02.02.2024 passed by Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Court No.1, Mathura in Criminal Case No.2309 of 2024 (State vs. Amit and others) and all consequential proceedings therein in the interest of justice. From the perusal of the material on record and looking into the
facts of the case, at this stage, it cannot be said that prima facie no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. Therefore, no interference is required. Accordingly, prayer of the applicants is refused. However, considering the prayer made by learned counsel for the applicants, it is directed that in case the applicants apply for bail before the concerned court within four weeks from today, the same shall be considered and disposed of expeditiously, in the light of law laid down by the Apex Court in the case of Satender Kumar
Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. For a period of 30 days from today or till the time of applying the bail application before the court concerned, whichever is earlier, the Non-Bailable Warrant shall remain in abeyance. With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 27.1.2025 Monika Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad