Fakhare Alam @ Afzal Alam vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 8753 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 14
 

 
Case :- APPLICATION U/S 482 No. - 4999 of 2022
 

 
Applicant :- Fakhare Alam @ Afzal Alam
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another
 
Counsel for Applicant :- Vijay Shankar Trivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Heard Shri Vijay Shankar Trivedi, learned counsel for the applicant, Shri Hari Shankar Bajpai, 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 applicant to quash the entire proceedings of Criminal Case No. 5442 of 2022, arising out of Case Crime No. 0035 of 2022 (State of U.P. Vs. Sanjay Kumar and others) under Sections 420, 427, 447, 506, Indian Penal Code, Police Station Vikas Nagar, District Lucknow, pending before the Additional Chief Judicial Magistrate IV, Lucknow.

Learned counsel for the applicant submits that the applicant Fakhare Alam @ Afzal Alam has not been arrested during the course of investigation.

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 :- 1.8.2022

T. Sinha