Citation : 2023 Latest Caselaw 36279 ALL
Judgement Date : 21 December, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:241691 Court No. - 91 Case :- APPLICATION U/S 482 No. - 39784 of 2023 Applicant :- Kusum And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Moti Lal Counsel for Opposite Party :- G.A.,Shailesh Kumar Hon'ble Gajendra Kumar,J.
1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2, 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 with the prayer to quash the charge sheet dated 01.06.2023 as well as entire proceedings of Case No. 334 of 2023, (State v. Kusum & others) arising out of Case Crime No. 111 of 2023, under Sections 323, 504, 506 I.P.C., Police Station Sarpataha, District Jaunpur, pending in the court of Additional Civil Judge (S.D.)-I/ Additional Chief Judicial Magistrate, Jaunpur and further prayer to stay the further proceedings of the aforesaid case has been made.
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 In view of the above, the instant application is disposed of as withdrawn with liberty to the applicants to appear before court concerned and file appropriate application for bail within three weeks, which shall be decided in the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 four weeks, no coercive action shall be taken against the applicants.
Order Date :- 21.12.2023/ Shiv
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