Allahabad High Court
Vijay Kumar Maurya vs State Of U.P. And Another on 16 January, 2024
Author: Sanjay Kumar Pachori
Bench: Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:8041 Court No. - 88 Case :- APPLICATION U/S 482 No. - 46285 of 2023 Applicant :- Vijay Kumar Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Murti Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Sri Shiv Murti Kushwaha, learned counsel for the applicant and 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 revisional order dated 30.11.2023 passed by Additional Sessions Judge, Court No. 4, Mau in Criminal Revision No. 134 of 2023 (Vijay Kumar Maurya Vs. State of U.P. and another) by which the revisional court affirmed the summoning order dated 20.08.2019 passed by Chief Judicial Magistrate, Mau in Criminal Case No. 4974 of 2018 (Rakesh Singh Vs. Vijay Kumar Maurya), under Section 138 of Negotiable Instruments Act, pending in the Court Chief Judicial Magistrate, Mau.
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.
After some arguments, learned counsel for the applicant 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 applicant, 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 :- 16.1.2024 Ishan