Rajendra And 5 Others v. State of U.P & Anr.

Sri Sanjeev Kumar Yadav, Advocate holding brief of Sri Om Prakash Vishwakarma, learned counsel for the applicants and Sri Karunakar 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 Criminal Case No. Nil of 2022, (State Vs. Rajendra and others) arising out of Case Crime No. 162 of 2022, under Sections 147, 323, 354, 452, 504, 506, 325 of I.P.C., Police Station- Khutahan, District- Jaunpur, as well as cognizance/summoning order dated 13.9.2022, pending in the Court of Additional Civil Judge (J.D.)-VII/Judicial Magistrate, Jaunpur. 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 :- 21.11.2024 A.P. Pandey