Citation : 2022 Latest Caselaw 8928 ALL
Judgement Date : 2 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- APPLICATION U/S 482 No. - 5074 of 2022 Applicant :- Ubaid Ahmad And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Vijay Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
During course of hearing, learned counsel for applicants corrected the prayer clause.
Heard Sri Vijay Kumar, learned counsel for applicants, Sri Manoj Kumar Sahu, learned AGA 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 entire proceeding of Criminal Case No. 377 of 2018 (State vs. Shoyeb and others), arising out of Case Crime No. 0393 of 2017, under Sections 323, 504, 325, 506 & 308 I.P.C., Police Station - Kurwar, District - Sultanpur, pending in the court of Judicial Magistrate, Court No.23, Sultanpur.
Learned counsel for the applicants submits that the applicants Ubaid Ahmad and Shoyeb Ahmad 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 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 :- 2.8.2022
Md Faisal
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