Citation : 2022 Latest Caselaw 7809 ALL
Judgement Date : 22 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- APPLICATION U/S 482 No. - 4749 of 2022 Applicant :- Mohit Diwakar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Abhishek Srivastava,Anurudh Kumar Singh,Vishnu Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Sri Anurudh Kumar Singh, learned counsel for the applicant and Sri Akhilesh Kymar Vyas, 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 charge sheet dated 09.06.2020 as well as cognizance/summoning order dated 04.01.2022 arising out of Case Crime No. 1359 of 2019, (State Vs. Mohit Diwakar) under Sections 506, 504, 452 of I.P.C., Police Station- Gomti Nagar, District- Lucknow pending in the Court of Chief Judicial Magistrate, Lucknow.
Learned counsel for the applicants submits that applicant has not been arrested during the course of investigation.
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 :- 22.7.2022
Ishan
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