Rishu @ Rishabh And Another vs State Of U.P. And Another
2023 Latest Caselaw 27511 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:192723
 
Court No. - 91
 
Case :- APPLICATION U/S 482 No. - 35812 of 2023
 
Applicant :- Rishu @ Rishabh And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ram Raksha Tiwari
 
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. Shri Shravan Kumar Mishra, Advocate has filed Vakalatnama on behalf of opposite party no.2 which is taken on record.

2. This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the charge sheet dated 28.04.2023 and summoning order dated 13.06.2023 as well as entire proceedings of Case No. 8256 of 2023, (State v. Rishabh @ Rishu and others) arising out of Case Crime No. 82 of 2023, under Sections 323, 308, 504, 506 I.P.C., Police Station Pawai, District Azamgarh, pending in the court of Judicial Magistrate (F.T.C.) (Senior Division), Azamgarh 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 In view of the above, the instant application is disposed of as withdrawn with liberty to the applicants to appear before court concerned and file appropriate application for bail within four weeks, which shall be decided in the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 :- 6.10.2023/ Shiv