Nitesh Tyagi And Another vs State Of U.P. And Another
2022 Latest Caselaw 5731 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- APPLICATION U/S 482 No. - 18562 of 2022
 
Applicant :- Nitesh Tyagi And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Amitrana
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Heard learned counsel for the parties and perused the record.

2. The present application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Complaint Case No.1067 of 2019 (Kamini Kaushal Sharma vs. Nitesh Tyagi and another), under Sections 452, 354 IPC, P.S. - Nazibabad, District - Bijnor, pending in the Court of learned Civil Judge (Junior Division)/Judicial Magistrate, Nazibabad, District - Bijnor as well as summoning order dated 5.3.2022.

3. Learned counsel for applicant, at the outset, on instructions, submits that he is not pressing the prayers made in the application. However, Counsel submits that applicants are ready to appear before Trial Court and prayed that Trial Court be directed to consider their bail application in terms of judgment passed by Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another; (2021) 10 SCC 773.

4. Learned A.G.A. for State has no objection against the aforesaid prayer.

5. In view of above, prayers made in this application are rejected. However, the application is disposed of with the direction to the applicant to surrender before the concerned Trial Court and file bail application and Trial Court is directed to decide the same strictly in terms of the judgment passed by Supreme Court in Satender Kumar Antil (Supra).

Order Date :- 1.7.2022

Rishabh

[Saurabh Shyam Shamshery, J.]