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2025 DAILYLAW 12494 (ALL)

SARVESH @ SARVESH KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/4319/2025 · 2025-02-19

Vikas Budhwar

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:24915 Court No. - 74 Case :- APPLICATION U/S 482 No. - 4319 of 2025 Applicant :- Sarvesh @ Sarvesh Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Brijesh Kumar Singh, learned counsel for the applicants Sri Muni Raj Mehrotra, learned AGA for the State 2. This is an application under Section 482 of the Cr.P.C. has been preferred for quashing the charge sheet dated 01.02.2024 in Case Crime No. 400 of 2023 under Sections 323, 504, 308, 325 IPC, P.S. Maharajpur, District Kanpur Nagar and also the cognizance order dated 02.04.2024 passed by learned Additional Chief Metropolitan Magistrate Court No. IV Kanpur Nagar as well as summoning order dated 21.11.2024 passed by Additional Chief Judicial Magistrate Court No. IV Kanpur Nagar and the entire proceedings of Criminal Case No. 33287 of 2024 (State Vs. Sarvesh and others). 3. Learned counsel for the applicants seeks direction for consideration of his bail application in light of the judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021 4. I have heard the learned counsel for the parties and perused the record. 5. The Court is of the opinion that cognizable offenses are made out from the FIR and whatever arguments are being sought to be raised centers around factual issues which cannot be gone into the present proceedings. Thus, interference is declined and the application is consigned to record. 6. In the opinion of the Court, once a bail application is preferred then the same shall be considered with most expeditions strictly as per the law of the land without any delay. Order Date :- 20.2.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad