Rakesh Dubey And 5 Others vs State Of U.P. And Another
2023 Latest Caselaw 22444 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:166500
 
Court No. - 91
 

 
Case :- APPLICATION U/S 482 No. - 27952 of 2023
 

 
Applicant :- Rakesh Dubey And 5 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Anurag Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Gajendra Kumar,J.

1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

2. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge sheet dated 11.12.2021 and cognizance order dated 07.07.2022 as well as entire proceedings of Case No. 8712 of 2022, (State v. Rakesh Dubey), arising out of Case Crime No. 390 of 2021, under Sections 147, 148, 323, 504, 506, 308 I.P.C., Police Station Tarya, District Kushinagar, pending in the court of Chief Judicial Magistrate, Place Padrauna.

3. After arguing the matter at some length, learned counsel for the applicants prays for withdrawal of this application with liberty to the applicants to file bail application before the court of competent jurisdiction.

4. Learned A.G.A. has no objection to such request.

5. In view of the above, the instant application is disposed of as withdrawn with liberty to the applicants to appear before court concerned and file appropriate application for bail within three weeks, which shall be decided in the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.

5. For a period of three weeks, no coercive action shall be taken against the applicants.

Order Date :- 18.8.2023

Shiv