Shamsher Ahmad And 3 Others vs State Of U.P. And Another
2023 Latest Caselaw 11151 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 66
 

 
Case :- APPLICATION U/S 482 No. - 10978 of 2023
 

 
Applicant :- Shamsher Ahmad And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Balram Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vivek Varma,J.

Heard learned counsel for the applicants as well as Sri N.K. Mishra, 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. 23213 of 2022, State v. Shamsher Ahmad and others, arising out of Case Crime No. 272 of 2022, under Sections 308, 323, 504 I.P.C., Police Station Dudhara, District Sant Kabir Nagar pending in the Court of the Judicial Magistrate, Sant Kabir Nagar as well as the charge-sheet dated 13.09.2022 and the cognizance/ summoning order dated 01.11.2022 and the non-bailable warrant dated 16.03.2023 passed in the said case.

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In view of the above, the instant application is disposed of as withdrawn with liberty to the applicants to appear before court below and file appropriate application for bail, which shall be decided by the court below in the light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 :- 13.4.2023

SKT/-