Citation : 2023 Latest Caselaw 36512 ALL
Judgement Date : 22 December, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:242662 Court No. - 91 Case :- APPLICATION U/S 482 No. - 45985 of 2023 Applicant :- Manoj Kumar @ Chikdhari Harijan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Srivastava 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 with the prayer to quash the charge sheet dated 11.11.2021 and cognizance order dated 12.04.2023 as well as entire proceedings of Case No. 3099 of 2023, (State v. Shivbabu @ Bhutani Pasi and others) arising out of Case Crime No. 105 of 2023, under Sections 147, 148, 149, 332, 353 I.P.C. and 7 Criminal Law Amendment Act, Police Station Saini, District Kaushambi, pending in the court of Chief Judicial Magistrate, Kaushambi 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 In view of the above, the instant application is disposed of as withdrawn with liberty to the applicants to appear before court concerned and file appropriate application for bail within three weeks, which shall be decided in the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 :- 22.12.2023
Shiv
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