Citation : 2022 Latest Caselaw 8931 ALL
Judgement Date : 2 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- APPLICATION U/S 482 No. - 5069 of 2022 Applicant :- Iktida Ali Khan @ Ikhtida Ali Khan @ Aktada Khan @ Banne Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Hari Shankar,Ram Chandra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Ram Chandra Dwivedi, learned counsel for applicant, Sri Shiv Kumar Mishra, 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 applicant to quash the entire proceeding of Criminal Case No. 84770 of 2021 (State vs. Iktida Ali Khan @ Ikhtida Ali Khan @ Aktada Khan @ Banne) and summoning order dated 15.11.2021 passed by Special Chief Judicial Magistrate, Lucknow, arising out of Case Crime No. 205 of 2017, under Sections 419 and 420 I.P.C., Police Station - Malihabad, District - Lucknow, pending in the court of Special Chief Judicial Magistrate, Lucknow.
Learned counsel for the applicant submits that the applicant Iktida Ali Khan @ Ikhtida Ali Khan @ Aktada Khan @ Banne 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 :- 2.8.2022
Md Faisal
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