ARUN KUMAR SUB - INSPECTOR AND ANOTHER v. State of U.P. AND ANOTHER
A482/23655/2024 · 2025-09-03
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79155 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79155 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 23655 of 2024 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Supplementary affidavit filed today in Court is taken on record. Heard learned counsel for the applicant and learned AGA for the State. The present application under Section 482 Cr.P.C. has been preferred challenging the charge sheet daed 04.01.2018, summoning order dated 03.04.2018 as well as entire proceeding of Case No. 974 of 2018 (State vs. Arjun and others) arising out of Case Crime No. 0211 of 2016 under Sections 147, 148, 149, 323, 324, 308, 336, 504, 506, 325 IPC, Police Station Bhatani, District Deoria, pending in the court of learned Civil Judge (Junior Division) Room No. 22, District Deoria. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. Therefore, no interference is required. Accordingly, prayer of the applicant is refused. However, considering the prayer made by learned counsel for the applicant, it is directed that in case the applicant applies for bail before the concerned court within 30 days from today, the same shall be considered and disposed Versus Counsel for Applicant(s) : Rakesh Kumar Yadav Counsel for Opposite Party(s) : G.A., Sanjay Yadav Arun Kumar Sub - Inspector And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
of expeditiously in the light of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. For a period of 30 days from today or till the time of applying the bail application before the court concerned, no coercive measures shall be taken against the applicant. With the above observations, this application under Section 482 Cr.P.C. is disposed of.
September 4, 2025 Aditya Tripathi A482 No. 23655 of 2024 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad