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Court No. - 71 Case :- APPLICATION U/S 482 No. - 43739 of 2024 Applicant :- Puse And 11 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Pandey,Saurabh Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Prabhat Agarwal, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Present application under Section 482 Cr.P.C. has been filed by charge sheeted accused- Puse And 11 Others with the following prayer:-
"It is therefore most respectfully prayed that this Hon'ble court may graciously be pleased to allow this application and quash the cognizance \summoning order dated 02.12.2022 passed by Learned Chief Judicial Magistrate, Kannauj along-with quash the proceeding of Case No. 9040 of 2022 ( Session Trial No. 41 of 2023), arising out of Case Crime No. 522 of 2022, Under Section 147, 148,149,323,504,506,452, 324,302/34, 307 I.P.C as well as charge sheet No. 603 of 2022 ( Dated 23.11.2022) Police Station Kotwali Chhibramau, District Kannauj State Vs Lalu and others). It is further prayed that this Hon'ble court may kindly be pleased to stay the cognizance summoning order dated 02.12.2022 passed by Learned Chief Judicial Magistrate, Kannauj along-with stay the proceeding of Case No. 9040 of 2022 ( Session Trial No. 41 of 2023), arising out of Case Crime No. 522 of 2022, Under Section 147, 148,149,323,504,506, 452, 324,302/34, 307 I.P.C as well as charge sheet No. 603 of 2022 ( Dated 23.11.2022) Police Station Kotwali Chhibramau, District Kannauj State Vs Lalu and others), pending in the court of Learned Special Judge/SC.ST Act Kannauj, during the pendency of the present application before this Hon'ble court, And/or pass such other and further order which this Hon'ble court may deem fit and proper under the facts and circumstances of the case."
4. Learned counsel for applicants has made varied submissions in support of the prayer prayed for by means of present application. However, none of the submissions so urged could create a dent in the proceedings impugned in the present application. It is apposite to mention here that the witnesses examined under Section 161 Cr.P.C. have supported the prosecution story as unfolded in the FIR, therefore, at this stage, prima-facie case is made out against
applicants. In view of above, the prayer prayed for is refused. 5.
However, considering the facts and circumstances of the case, Court below is directed to decide the bail application of applicants in the light of the law laid down by Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another (2021) 10 SCC 773. 6. With the aforesaid directions, this application is finally disposed off. Order Date :- 24.2.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad