Citation : 2022 Latest Caselaw 8009 ALL
Judgement Date : 25 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- APPLICATION U/S 482 No. - 4827 of 2022 Applicant :- Sanjay Vishwakarma @ Sanjay Kumar Vishkarma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Sri Manoj Kumar Singh, learned counsel for the applicant, Sri S.K. Tiwari, 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 charge-sheet dated 10.6.2017 as well as cognizance/summoning order dated 3.1.2019 passed by Judicial Magistrate, Bahraich in Criminal Case No. 97 of 2019 (State Vs. Sanjay Vishwakarma) arising out of Case Crime No. 0269 of 2017 under Sections 363 IPC, Police Station Visheshwarganj, District- Bahraich, pending in the Court of Judicial Magistrate, Bahraich.
Learned counsel for the applicant submits that applicant has 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 :- 25.7.2022
Manish Tripathi
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