Citation : 2022 Latest Caselaw 8745 ALL
Judgement Date : 1 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- APPLICATION U/S 482 No. - 5031 of 2022 Applicant :- Lavkush @ Sukhandraj And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Dr. Surendra Kumar Misra,Avnish Kumar Tiwari,Rakesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Avnish Kumar Tiwari, learned counsel for the applicants, Sri Diwakar Singh, learned A.G.A. for the State and perused the material on record.
The present application under Section 482, Cr.P.C. has been filed by the applicants to quash the Charge Sheet dated 12.12.2019 as well as cognizance/summoning order dated 15.03.2021 arising out of Case Crime No. 323 of 2019, under Sections 504, 506, 325 Indian Penal Code, Police Station Sadarpur, District Sitapur, pending before the Additional Civil Judge (Senior Division), Sitapur.
Learned counsel for the applicants submits that the applicants Lavkush alias Sugandhraj S/o Om Ji Mishra, Vinay alias Abhishek Mishra S/o Om Ji Mishra and Vinita alias Yashi Mishra D/o Om Ji Mishra have not been arrested during the course of investigation.
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 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 :- 1.8.2022
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