Afsar And 8 Others vs State Of U.P. And Another
2023 Latest Caselaw 863 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 40179 of 2022
 

 
Applicant :- Afsar And 8 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Azm Sayeed,Afzal Ali
 
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 impugned Charge sheet dated 17.07.2021 and its cognizance dated 11.01.2022 along with bailable warrant order dated 30.09.2022 in Case No. 15 of 2022 (State Vs. Afsar and 8 Others) arising out of Case Crime No. 0123 of 2021, under Sections 147, 148, 452, 352, 323, 504, 506 of IPC, P.S.- Sasni gate, District- Aligarh, pending in the Court of Additional Chief Judicial Magistrate IInd, Aligarh.

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).

With the above observations, this application u/s 482 is disposed of finally.

Order Date :- 9.1.2023

Neetu