Citation : 2022 Latest Caselaw 8441 ALL
Judgement Date : 28 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- APPLICATION U/S 482 No. - 4950 of 2022 Applicant :- Rakesh Kumar Pandey And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And 2 Others Counsel for Applicant :- Anurag Shukla,Abhishek Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Anurag Shukla, learned counsel for the applicants, Sri Diwakar Singh, 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 entire proceeding of Criminal Case No.5769 of 2022 (State Vs. Rakesh Kumar Pandey and others) arising out of case crime no. 209 of 2020 under Sections 384, 469, 504, 506 I.P.C. and Section 67 Information Technology Act, Police Station- Talkatora, District- Lucknow, pending in the Court of Special Chief Judicial Magistrate ( Customs), Lucknow.
Learned counsel for the applicants 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 applicants, 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 :- 28.7.2022
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