Citation : 2023 Latest Caselaw 22052 ALL
Judgement Date : 16 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:164803 Court No. - 91 Case :- APPLICATION U/S 482 No. - 18877 of 2007 Applicant :- Sant Kumar Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prabhakar Chandel Counsel for Opposite Party :- Govt. Advocate Hon'ble Gajendra Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash/stay the entire proceeding of S.T. No. 95 of 2007 (State vs. Sant Kumar Patel and others), arising out of Case Crime No. 39 of 2007, under Sections 387, 216A IPC AND 12/14 D.A.A. Act, Police Station Badausa, District Banda, pending in the court of Special Judge, Dacoity Affected Area, Banda.
After arguing the matter at some length, learned counsel for the applicant prays for withdrawal of this application with liberty to the applicants to file bail application 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 with liberty to the applicant to appear before court concerned and file appropriate application for bail within a period of four weeks, which shall be decided 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.
For a period of four weeks no coercive action shall be taken against the applicant.
Order Date :- 16.8.2023
v.k.updh.
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