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2025 DAILYLAW 113344 (ALL)

SHANU AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/44689/2024 · 2025-02-14

Rajeev Misra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21595 Court No. - 71 Case :- APPLICATION U/S 482 No. - 44689 of 2024 Applicant :- Shanu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Ashok Kumar Singh, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicants-Shanu And Another, who are charge sheeted accused, have approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:- " It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the charge sheet dated 3.7.2022 relating to case crime no.12/2022 under sections 420, 411, 414, 483 I.P.C. Police Station Hapur Nagar District Hapur alongwith cognizance order dated 17.9.2022 passed by learned Chief Judicial Magistrate Hapur and entire proceedings of criminal case no. 9875/2022 State vs. Shanu and another under sections 420, 411, 414, 483 L.P.C. Police Station Hapur Nagar District Hapur arising out case crime no. 12/2022. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings of criminal case no. stay the further proceedings of criminal case no. 9875/2022 State vs. Shanu and another under sections 420, 411, 414, 483 L.P.C. Police Station Hapur Nagar District Hapur arising out case crime no. 12/2022 pending in the court of learned Chief Judicial Magistrate Hapur during the pendency of the present application and/or to pass such other and further order which this Hon'ble Court may deem fit and proper in the 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, it is provided that in case applicants have yet not been enlarged on bail, they shall appear before court below within two weeks from today. In case applicants appear before court below within aforesaid period, court below shall decide the bail application of applicants in the light of 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 :- 14.2.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad