Allahabad high court - APPLICATION U/s 482 No. - 3922 of 2014 at Allahabad : Amit Kumar Yadav Vs. State Of U.P. And Another


Allahabad:HIGH COURT OF JUDICATURE AT ALLAHABADCourt No. - 44Case :- APPLICATION U/S 482 No. - 3922 of 2014Applicant :- Amit Kumar YadavOpposite Party :- State Of U.P. And AnotherCounsel for Applicant :- Sarita Dwivedi,P.N.ShuklaCounsel for Opposite Party :- Govt. AdvocateHon'ble Manoj Misra,J.Heard learned counsel for the applicant and the learned A.G.A. for the State.The instant application has been filed seeking a direction to the courts below to consider the bail application of the applicant in pursuance of the First Information Report dated 15.09.2013 registered as Case Crime No.341 of 2013, under Section 379 I.P.C., P.S. Bhelupur, District Varanasi on the same day in accordance with law laid down by Full Bench of this Court in the case of Amrawati and another Vs. State of U.P.: 2004(57) ALR 290.The learned counsel for the applicant fairly stated that as on date, no proceeding in respect of the above case is pending before any Court and, till date, no charge sheet has been filed.In the case of State of Punjab Vs. Devinder Pal Singh Bhullar and others (2011) 14 SCC Page 770 it has been observed that an application under Section 482 Cr.P.C. lies before the High Court against an order passed by the courts subordinate to it in the pending case/proceedings, the relevant paragraph 63 and 64 of the report are reproduced herein below:-"63. Application under Section 482 Cr.P.C. lies before the High Court against an order passed by the court subordinate to it in a pending case/proceedings. Generally, such powers are used for quashing criminal proceedings in appropriate cases. Such an application does not lie to initiate criminal proceedings or set the criminal law in motion. Inherent jurisdiction can be exercised if the order of the subordinate court results in the abuse of the "process" of the...

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