Hanif And Others vs State Of U.P.And Another
2022 Latest Caselaw 10877 ALL

Citation : 2022 Latest Caselaw 10877 ALL
Judgement Date : 22 August, 2022

Allahabad High Court

Hanif And Others vs State Of U.P.And Another on 22 August, 2022

Bench: Saurabh Shyam Shamshery




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 82
 

 
Case :- APPLICATION U/S 482 No. - 5127 of 2009
 

 
Applicant :- Hanif And Others
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Nisar Uddin,Moeez Uddin
 
Counsel for Opposite Party :- Govt. Advocate,Rajesh Chandra Gupta
 

 
Hon'ble Saurabh Shyam Shamshery,J.

In re :- Criminal Misc. Restoration Application No. 01 of 2022

Heard Sri Moeez Uddin, learned counsel for the applicants on restoration application.

Restoration application is allowed. The order dated 24.11.2021 is hereby recalled.

Office is directed to restore the application to its original number.

Order on Application

Sri Moeez Uddin, learned counsel for the applicants, after arguing at some length, on instructions, submits that this application is not pressed on merit and further submits that applicants are desirous to appear before the learned trial Court in pursuance of charge sheet dated 16.09.2008 issued against them in Criminal Case No. 1856 of 2008 (State Vs. Hanif and others) under Sections 498-A, 323, 506 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station- Rabupura, District- Gautambudh Nagar pending in the Court of Additional Chief Judicial Magistrate-I, Gautambudh Nagar and further prays that learned trial Court be directed to consider their bail application in view of the judgment passed by Supreme Court in the case of Satendra Kumar Antil vs. Central Bureau of Investigation and another reported in ( 2021) 10 SCC 773.

Learned A.G.A. for the State has no objection if such a prayer of counsel for the applicants is allowed.

In view of the above submissions, the prayer made in this application is rejected.

This application is disposed of only to the extent that in the event, the applicants appear before the learned trial Court in the above referred case within a period of two weeks from today and file bail application, the same shall be considered in the light of the judgment of the Supreme Court in the case of Satendra Kumar Antil (supra).

Order Date :- 22.8.2022

Nirmal Sinha