Mahendra Kumar vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 8936 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 14
 

 
Case :- APPLICATION U/S 482 No. - 5054 of 2022
 

 
Applicant :- Mahendra Kumar
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another
 
Counsel for Applicant :- Vinod Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Heard Sri Vinod Kumar Singh, learned counsel for the applicant, Sri Tilak Raj 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 applicant to quash the Charge Sheet dated 11.07.2019 as well as cognizance/summoning order dated 26.02.2021, arising out of Case Crime No. 175 of 2018, under Section 3/7 of Essential Commodities Act, 1955, Police Station Khondare, District Gonda, pending in the court of Chief Judicial Magistrate, Gonda.

Learned counsel for the applicant submits that the applicant Mahendra Kumar has not been arrested during the course of investigation and the charge sheet has been submitted against the applicant.

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 :- 2.8.2022

VPS