Citation : 2023 Latest Caselaw 10107 ALL
Judgement Date : 5 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 66 Case :- APPLICATION U/S 482 No. - 11645 of 2023 Applicant :- Dilip Kumar Kesari And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Muktesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State- opposite party and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants challenging entire proceedings of Case No. 1029 of 2020, State v. Deepak Kumar and others, arising out of Case Crime No. 369 of 2015, under Section 3/7 of the Essential Commodities Act, Police Station Machhalishahr, District Jaunpur pending in the Court of the Additional Chief Judicial Magistrate- Ist, Court No. 12, Jaunpur as well as the order dated 12.01.2023 passed in the said case under Section 239 Cr.P.C.
After arguing the matter at some length, learned counsel for the applicants submits that he wants to withdraw this application with liberty to the applicants to file their bail applications before the court of competent jurisdiction.
Learned A.G.A. has no objection to such request.
In view of the above, the instant application is disposed of as withdrawn with liberty to the applicants to appear before court below and file appropriate application for bail, which shall be decided by the court below in the light of the judgment of the Hon'ble Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation and another, Special Leave to Appeal (Crl.) No (s) 5191 of 2021, decided on 07.10.2021.
Order Date :- 5.4.2023
SKT/-
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