Mohd Izhar And Another vs State Of U.P. And Another
2023 Latest Caselaw 28125 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:197921
 
Court No. - 91
 

 
Case :- APPLICATION U/S 482 No. - 37641 of 2023
 

 
Applicant :- Mohd Izhar And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Raj Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Gajendra Kumar,J.

Heard learned counsel for the applicants, 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 charge sheet dated 22.06.2022 and cognizance/summoning order dated 11.08.2023 as well as entire proceeding of Case No. 94 of 2023 (State vs. Mohd. Izhar and others), arising out of Case F.I.R. No. 38 of 2022, under Sections 308, 323, 504 IPC, pending in the court of Additional Chief Judicial Magistrate (Junior Division), District Prayagraj.

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.

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.

Order Date :- 11.10.2023

v.k.updh.