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2025 DAILYLAW 107784 (ALL)

RADHESHYAM AND 3 OTHERS v. State of U.P. AND ANOTHER

A482/39339/2024 · 2025-01-15

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6087 Court No. - 75 Case :- APPLICATION U/S 482 No. - 39339 of 2024 Applicant :- Radheshyam And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Kushwaha,Shweta Kesarwani Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Arvind Kumar Kushwaha, learned counsel for the applicants and Sri Karunakar Singh, learned A.G.A. for the State and perused the material on record. The present application under Section 482 Cr.P.C. has been filed by the applicant to quash the entire proceeding of Case No. 1556 of 2024 (State vs. Radheshyam and others), arising out of Case Crime No. 144 of 2023, under Sections 323, 504, 506, 325 IPC, P.S. Ghorawal, District Sonbhadra as well as cognizance/summoning order dated 06.01.2024, pending in the court of Civil Judge (Junior Division)/F.T.C., Sonbhadra. 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 this application with liberty to file a bail application before the court of competent jurisdiction. In view of the above, this application is disposed of as withdrawn with liberty to the applicants to file an appropriate application for bail before the court below in terms of the decisions rendered by the Supreme Court in Satendra Kumar Antil vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773 and 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. Order Date :- 15.1.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad