SHIV SHANKAR @ RAMA SHANKAR v. State of U.P. AND ANOTHER
A482/30053/2024 · 2025-01-23
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 92806 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 92806 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:11661 Court No. - 75 Case :- APPLICATION U/S 482 No. - 30053 of 2024 Applicant :- Shiv Shankar @ Rama Shankar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashwini Kumar,Ganesh Shanker Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Shri Ashwini Kumar, learned counsel for the applicant and Shri Chhavi Pal Singh, learned A.G.A. for the State are present. Present application under Section 482, Cr.P.C. has been filed by the applicant to quash the entire proceedings of case No. 17757 of 2023 (State Vs. Shiv Shankar @ Rama Shankar) arising out of case crime No. 255 of 2021, under Sections 406, 417, 419, 420, I.P.C., Police Station Lalauli, District Fatehpur as well as cognizance/summoning order dated 13.6.2023, pending in the court of Additional Chief Judicial Magistrate, Court No. 2, Fatehpur.
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. Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicant is, hereby, refused. After some arguments, learned counsel for the applicant wants to withdraw the application with liberty to file a bail application before the court of competent jurisdiction. In case bail application is filed by the learned counsel for the applicant, 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 and 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 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad