Rajesh And 5 Others v. State of U.P & Anr.
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 482
- Indian Penal Code, 1860 ss. 323, 504, 506
Judgment
Sri Mohammad Khalid, learned counsel for the applicants and Smt. Ladli Pandey, learned A.G.A. for the State are present. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No. 1889 of 2023 (467 of 2016), (Yadram Vs. Rajesh and Others), under Sections 323, 504, 506 of I.P.C., Police Station- Amapur, District Kasganj, as well as cognizance/summoning order dated 15.09.2016 as well as non- bailable warrant dated 01.04.2024 pending in the court of Additional Chief Judicial Magistrate/ Additional Civil Judge (S.D.), Kasganj. Learned counsel for the applicants does not want to press the relief to quash the entire proceedings of Complaint Case No. 1889 of 2023 (467 of 2016), (Yadram Vs. Rajesh and Others), under Sections 323, 504, 506 of I.P.C. This relief is dismissed as not pressed. Learned counsel for the applicants further submitted that the impugned order has been passed without considering the facts and circumstances of the case and law provided in this regard. It is further submitted that order of the non-bailable warrants has been passed without satisfying the service of summons or bailable warrants. Learned A.G.A. has opposed the application. Considering submissions of learned counsel and perusing record, the instant application u/s 482 Cr.P.C. is finally disposed of with a direction that in case applicant appears before the court below within three weeks from today and applies for bail/recall of non bailable warrant, his application shall be 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. For a period of three weeks from today or till applicants appear before the court below, whichever is earlier, execution of non bailable warrant against applicants shall be kept in abeyance. Order Date :- 2.8.2024 Ishan
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482; Indian Penal Code, 1860 — ss. 323, 504, 506.
Which court decided this case, and when?
Allahabad High Court, on 02 Aug 2024. The bench was SANJAY KUMAR PACHORI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.