Citation : 2022 Latest Caselaw 7801 ALL
Judgement Date : 22 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- APPLICATION U/S 482 No. - 4780 of 2022 Applicant :- Shravan Kumar Mishra And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Rahul Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Sri Rahul Mishra, learned counsel for the applicants and Sri Manoj Kumar Sahu, 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 cognizance/summoning order dated 10.6.2022 passed in Criminal Case No. 10315 of 2022 (State Vs. Sharwan Kumar and others) arising out of Case crime No. 337 of 2021 I.P.C., Police Station- Khairighat, District- Bharaich as well as charge sheet dated 10.4.2022 pending in the Court of Additional Chief Judicial Magistrate, Bharaich.
Learned counsel for the applicant submits that applicants have not been arrested during the course of investigation.
After some arguments, 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 :- 22.7.2022
Manish Tripathi
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