Subodh Gupta And Another vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 10318 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 14
 

 
Case :- APPLICATION U/S 482 No. - 5393 of 2022
 

 
Applicant :- Subodh Gupta And Another
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lucknow And Another
 
Counsel for Applicant :- Amit Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Sri Mohd Aslam Beg, Advocate, has filed his vakalatnama on behalf of the opposite party no.2 today is taken on record.

Heard Sri Amit Kumar Singh, learned counsel for the applicants, Sri Mohd Aslam Beg, learned counsel for the opposite party no. 2 and Sri Diwakar 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 proceeding of Case No. 81986 of 2021 (State Vs. Manoj Gupta and others), arising out of case crime no. 1771 of 2021 under Sections 147, 148, 149, 323, 452, 308,504 I.P.C., Police Station- Malihabad District- Lucknow pending in the Court of Special Chief Judicial Magistrate (Customs) Lucknow.

Learned counsel for the applicants, Subodh Gupta and Manoj Gupta submits that applicants have not been arrested during the course of investigation and chargesheet has been submitted against them.

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 :- 16.8.2022

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