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2025 DAILYLAW 7882 (ALL)

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

A482/1840/2025 · 2025-02-19

Rajeev Misra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:25046 Court No. - 71 Case :- APPLICATION U/S 482 No. - 1840 of 2025 Applicant :- Parmatma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satish Sharma,Shashank Pathak Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr.Satish Sharma, the learned counsel for applicants and the learned A.G.A. for State. 2. Perused the record. 3. Applicants-Parmatma 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 kindly be pleased to allow the instant application and to quash the impugned Chargesheet No. 42 of 2013 on 22.06.2013 and cognizance/summoning order dated 25.07.2013 and N.B.W. order dated 27.11.2015 to till now & Section 82 Cr.P.C. dated 22.09.2017 of the applicant no. 1 and N.B.W. order dated 11.10.2021 to till now of the applicant no. 2 passed by learned Additional Sessions Judge, F.T.C..-1, Allahabad. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of S.T. No. 413 of 2014 (State Vs. Deluxe Nishad and others), arising out of Case Crime No. 88 of 2013, under sections 363/34, 366/34, 376/34, 343/34 I.P.C., Police Station-Daraganj District Allahabad, pending before the Court of learned Additional Sessions Judge, F.T.C..-I, Allahabad during the pendency of the present criminal misc. application (Under Section 482 Cr.P.C.), otherwise the applicants shall suffer an irreparable loss and injury. And/or pass such other and further order as this Hon'ble Court may deem fit and proper in the present circumstances of the case." 4. At the very outset, the learned counsel for applicant submits that interest of justice shall be served in case, a direction is issued by this Court to Court below to consider the bail application of applicants in the light of decision rendered in Satender Kumar Antil Vs. Central Bureau of Investigation and another (2021) 10 SCC 773. 5. Learned A.G.A. for State-opposite party-1 has no objection to the prayer made by the learned counsel for applicants. 6. In view of above, the application is disposed of with a direction to applicants to appear before court below within a period of two weeks from today. In case, applicants appear before Court below within aforesaid period and file an appropriate application for bail the same shall be decided by Court below in the light of decision rendered by Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another (2021) 10 SCC 773. Order Date :- 20.2.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad