Syed Zubair vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 9888 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 14
 

 
Case :- APPLICATION U/S 482 No. - 5301 of 2022
 

 
Applicant :- Syed Zubair
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Mohiuddin Khan,Aviral Raj Singh,Mirza Shariq Aziz
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Sri Mirza Shariq Aziz, learned counsel for the applicant and Sri Diwakar Singh, learned A.G.A. for the State and perused the material on record.

The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Criminal Case No. 12395 of 2015, (State Vs. Zubair) arising out of Case Crime No. 275 of 2003, under Sections 19(1), 19(2) of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, Police Station- Bazar Khaala, District- Lucknow, pending in the Court of Additional Chief Judicial Magistrate-IV, Lucknow.

Learned counsel for the applicant submits that Syed Zubair applicant has not been arrested during the course of investigation and the charge sheet has been submitted against him. He further submits that the offence punishable is below 7 years.

After some arguments, 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 :- 10.8.2022

Ishan