Citation : 2023 Latest Caselaw 33673 ALL
Judgement Date : 2 December, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:229736 Court No. - 91 Case :- APPLICATION U/S 482 No. - 33825 of 2018 Applicant :- Devendra Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar 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 applicant with the prayer to quash the summoning order dated 18.07.2018 passed by Additional Chief Judicial Magistrate, Fatehpur in Complaint No.529 of 2016, under sections 323, 504, 379 IPC, registered at P.S. Kotwali, District Fatehpur and further prayed to stay the further proceeding in pursuance of the aforesaid case.
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 In view of the above, the instant application is disposed of as withdrawn with liberty to the applicants to appear before court concerned and file appropriate application for bail within three weeks, which shall be decided in the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.
6. For a period of three weeks, no coercive action shall be taken against the applicants.
Order Date :- 2.12.2023
SFH
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