Citation : 2023 Latest Caselaw 1529 ALL
Judgement Date : 13 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- APPLICATION U/S 482 No. - 4737 of 2018 Applicant :- Smt. Zuvaida And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Jitendra Kumar,Ehtesham Akhtar,Mohd. Aslam Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed by applicants to quash the charge sheet dated 26.9.2017 submitted in Case Crime No. 1246 of 2017, (State Vs. Amir Khan and others), under section 506, 323 IPC and section 16/17 POCSO Act, P.S. Vijay Nagar, District Ghaziabad, pending in the court of A.D.J. VII, Ghaziabad.
During arguments, learned counsel for the applicants has submitted that he does not want to press the prayer for quashing of the above mentioned case. His sole prayer is that a direction may be issued to the court below to decide the bail application of the applicants in view of the judgment in the case Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.
Considering the facts and circumstances of the case, the present application is disposed of with the direction that in case the applicants filed bail application before the court below, the same shall be heard and disposed of expeditiously by the court below in view of the settled law laid by this Court in the case of Satender Kumar Antil (Supra).
It is made clear that for fifteen days from today no coercive action shall be taken against the applicants in the aforementioned case.
With the above observations, this application u/s 482 is disposed of finally.
Order Date :- 13.1.2023
A.
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