Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 107553 (ALL)

ABHISHEK PANDEY v. State of U.P. AND ANOTHER

A482/39265/2024 · 2025-01-15

Sanjay Kumar Pachori

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:6444 Court No. - 75 Case :- APPLICATION U/S 482 No. - 39265 of 2024 Applicant :- Abhishek Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijai Shanker Tripathi,Vinod Shankar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Vijai Shanker Tripathi, learned counsel for the applicant and Sri Kamleshwar Singh, learned A.G.A. for the State and perused the material on record. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Criminal Case No. 532 of 2023, (State Vs. Ram Shankar Pandey and others) arising out of Case Crime No. 101 of 2022, under Sections 323, 504, 452, 325 of I.P.C., Police Station- Bahariya, District- Prayagraj, as well as cognizance/ summoning order 22.05.2023 pending in the Court of Judicial Magistrate Court No. 2, Allahabad. 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 applicant, 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, (2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh & 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 :- 15.1.2025 Ishan Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad