Amzad And Another vs State Of U.P. And Another
2022 Latest Caselaw 5675 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- APPLICATION U/S 482 No. - 17930 of 2022
 
Applicant :- Amzad And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ashutosh Kumar Mishra
 
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 impugned Charge Sheet No.205A of 2021, dated 6.10.2021 as well as cognizance order dated 5.1.2021 passed by learned Additional Chief Judicial Magistrate, Court No.1, Aligarh in Criminal Case No.126 of 2022 (State vs. Amzad and others), arising out of Case Crime No.211 of 2021, under Sections 308, 323, 324, 504, 506 IPC, P.S. - Palimukimpur, District - Aligarh, pending in the Court of Additional Chief Judicial Magistrate, Court No.1, Aligarh.

3. Learned counsel for applicants, 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 applicants 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 :- 30.6.2022

Rishabh

[Saurabh Shyam Shamshery, J.]