Vivek Tyagi vs State Of U.P And Another
2023 Latest Caselaw 9892 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 66
 

 
Case :- APPLICATION U/S 482 No. - 42726 of 2022
 

 
Applicant :- Vivek Tyagi
 
Opposite Party :- State Of U.P And Another
 
Counsel for Applicant :- Chhaya Gupta,Sujeet Kumar
 
Counsel for Opposite Party :- G.A.,Sushil Kumar Dubey
 

 
Hon'ble Vivek Varma,J.

Heard learned counsel for the applicant, Sri Vikas Sahai, learned A.G.A. for the State- opposite party no. 1, and Sri Sushil Kumar Dubey, learned counsel for the opposite party no. 2 and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicant challenging entire proceedings of Complaint Case No. 696 of 2020, Smt. Neelu v. Tybros Infratech Pvt. Ltd. and others, under Section 138 of the Negotiable Instruments Act, Police Station Babugarh, District Hapur pending in the Court of the Judicial Magistrate-I, Hapur as well as the summoning order dated 15.03.2021 passed in the said case.

After arguing the matter at some length, learned counsel for the applicant submits that he wants to withdraw this application with liberty to the applicant to file his bail application before the court of competent jurisdiction.

Learned A.G.A. and the learned counsel for the opposite party no. 2 have no objection to such request.

In view of the above, the instant application is disposed of as withdrawn with liberty to the applicant to appear before court below and file appropriate application for bail, which shall be decided by the court below in the light of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 :- 4.4.2023

SKT/-