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2025 DAILYLAW 110266 (ALL)

SAVITA DEVI ALIAS SAVITA SAHU AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/42104/2024 · 2025-01-19

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:9406 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 42104 of 2024 Applicant :- Savita Devi Alias Savita Sahu And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Muqeem Ansari,Mohd. Mobin Ansari Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Mohd Muqeem Ansari, learned counsel for the applicants and 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. 481 of 2024, arising out of Case Crime No. 72 of 2021, under Sections 323, 504, 506, 427, 308 of I.P.C., Police Station- Karchana, District- Allahabad, as well as cognizance/summoning order dated 5.2.2024, pending in the Court of Judicial Magistrate, Court No. 8, Allahabad. Learned counsel for the applicants submits that applicants were not arrested during the course of investigation and the charge-sheet have been submitted against them. It is further submitted that the offence is punishable up to 7 years imprisonment. After some arguments, learned counsel for the applicants 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 applicants, 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 :- 20.1.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad