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2025 DAILYLAW 83625 (ALL)

ASGAR ALI v. State of U.P. AND ANOTHER

A482/25642/2024 · 2025-01-24

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12975 Court No. - 75 Case :- APPLICATION U/S 482 No. - 25642 of 2024 Applicant :- Asgar Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Piyush Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Supplementary affidavit filed today is taken on record. Heard Sri Piyush Tripathi, learned counsel for the applicant and Sri Kamleshwar Singh, 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. 1665 of 2024 (State vs. Rakeh Kumar Rawat and another), arising out of Case Crime No. 28 of 2023, under sections 406, 420, 506 I.P.C., P.S. Obara, District- Sonbhadra, pending in the court of Special Judge SC/ST Act / Civil Judge (S.D.)/F.T.C., Sonbhadra as well as chargesheet dated 23.4.2023 and summoning/cognizance order dated 26.2.2024. Learned counsel for the applicant submits that applicant was not arrested during the course of investigation and the charge- sheet has been submitted against him. It is further submitted that the offence is punishable up to 7 years imprisonment. After some arguments, learned counsel for the applicant 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 applicant, 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 :- 24.1.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad