Citation : 2023 Latest Caselaw 18430 ALL
Judgement Date : 20 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:145380 Court No. - 91 Case :- APPLICATION U/S 482 No. - 22983 of 2023 Applicant :- Rishi Kumar @ Rishi Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Kumar Mishra,Raj Babu Pathak Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the Cognizance Order dated 16.07.2016 passed by Additional Chief Judicial Magistrate, Court No.11, Agra as well as Non Bailable Warrant dated 26.10.2021 passed by Additional Chief Judicial Magistrate, III, Agra arising out of Charge sheet dated 09.07.2016 in Case No. 807 of 2016 (Case Crime No. 119 of 2016) under Sections 420, 406, 506, 120-B of I.P.C., Police Station Lohamandi, District Agra, (State Vs. Jitendra Garg and others) pending in the Court of Special Chief Judicial Magistrate, Agra.
After arguing the matter at some length, learned counsel for the applicant prays for withdrawal of this application with liberty to the applicants to file bail application before the court of competent jurisdiction.
Learned A.G.A. has no objection to such request.
In view of the above, the instant application is disposed of with liberty to the applicant to appear before court concerned and file appropriate application for bail, 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.
For a period of two weeks, no coercive action shall be taken against the applicant.
Order Date :- 20.7.2023
Imtiyaz
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