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2025 DAILYLAW 91304 (ALL)

AMIR AND 2 OTHERS v. State of U.P. AND ANOTHER

A482/30052/2024 · 2025-01-23

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12053 Court No. - 75 Case :- APPLICATION U/S 482 No. - 30052 of 2024 Applicant :- Amir And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Singh Bishen Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Akash Tripathi, Advocate, holding brief of Sri Anil Kumar Singh Bishen, learned counsel for the applicants and Ms. Ladly Pandey, 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 Criminal Case No.9217 of 2024 (State v. Amir and Others) arising out of Case Crime No. 552 of 2023, under Sections 354, 323, 427, 504 of IPC, Police Station- Shahganj, District- Agra, pending in the Court of Special Chief Judicial Magistrate, Agra. 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. 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 :- 23.1.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad