Mohd. Afsar vs State Of U.P. And Another
2022 Latest Caselaw 20394 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 

 
Case :- APPLICATION U/S 482 No. - 35865 of 2022
 

 
Applicant :- Mohd. Afsar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Arjun Singh Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vivek Varma,J.

Heard learned counsel for the applicant as well as Sri Vikas Sahai, learned A.G.A. for the State- opposite party and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicant challenging entire proceedings of Complaint Case No. 38 of 2021, Smar Parveen v. Mohd. Afsar, under Sections 498A, 323 I.P.C. and 4 Dowry Prohibition Act, Police Station Karari, District Kaushambi pending in the Court of the Civil Judge (Junior Division)/ Judicial Magistrate, Kaushambi as well as the summoning order dated 22.07.2022 passed in the said case.

After arguing the matter at some length, learned counsel for the applicant submits that he wants to withdraw this application with liberty to the applicant to file his bail application before the court of competent jurisdiction.

Learned A.G.A. has no objection to such request.

In view of the above, the instant application is disposed of as withdrawn with liberty to the applicant to appear before court below and file appropriate application for bail, which shall be decided by the court below in the light of the judgment of the Hon'ble Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation and another, Special Leave to Appeal (Crl.) No (s) 5191 of 2021, decided on 07.10.2021.

Order Date :- 8.12.2022

SKT/-