Citation : 2023 Latest Caselaw 27066 ALL
Judgement Date : 4 October, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:191502 Court No. - 91 Case :- APPLICATION U/S 482 No. - 36492 of 2023 Applicant :- Mahendra Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Virendra Singh 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 applicants with the prayer to quash the impugned charge-sheet No.1059 of 2021 dated 09.12.2021 as well as summoning order dated 04.01.2022 passed by the learned Additional District and Sessions Judge/Special Judge, Bulandshahar along with entire proceedings of Special Session Trial No.86 of 2022 arising out of case crime No.1261 of 2021, under Sections 354-Gha, 504, 506 IPC and Section 11/12 of POCSO Act, Police Station-Khurja Nagar, District-Bulandshahar.
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 applicants 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 three weeks, no coercive action shall be taken against the applicant in pursuance of the aforesaid case crime number.
Order Date :- 4.10.2023
Ashutosh
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