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2025 DAILYLAW 113460 (ALL)

PANKAJ AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/44614/2024 · 2025-01-10

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6018 Court No. - 75 Case :- APPLICATION U/S 482 No. - 44614 of 2024 Applicant :- Pankaj And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Amit Tiwari, learned counsel for the applicants, 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 Case No. 6809 of 2024 (State Vs. Shiva and others) arising out of Case Crime No. 534 of 2022, under Sections 323, 325, 452, 504, 506 of I.P.C., Police Station-Izzat Nagar, District-Bareilly, as well as cognizance/summoning order dated 01.05.2024 pending in the Court of Chief Judicial Magistrate, Bareilly. 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. 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 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 :- 10.1.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad