Citation : 2022 Latest Caselaw 20395 ALL
Judgement Date : 8 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 35397 of 2022 Applicant :- Gyanendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jeetendra Kumar Sharma 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 W.S.C.C. No. 12937 of 2022 (Smt. Shailesh Kumari v. Gyanendra Kumar and others), under Sections 498A I.P.C. and 3/4 Dowry Prohibition Act, Police Station Derapur, District Kanpur Dehat pending in the Court of the Additional Civil Judge (Junior Division)/ Judicial Magistrate, Court No. 4, Kanpur Dehat as well as the summoning order dated 14.09.2022 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In view of the above, the instant application is disposed of as withdrawn with liberty to the applicant to appear before court below and file appropriate application for bail, which shall be decided by the court below in the light of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/-
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