Abhishek vs State Of U.P. And Another
2023 Latest Caselaw 25061 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:178576
 
Court No. - 91
 

 
Case :- APPLICATION U/S 482 No. - 31559 of 2023
 

 
Applicant :- Abhishek
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Vinay Kumar Mishra
 
Counsel for Opposite Party :- G.A.,Ram Chandra Kushwaha
 

 
Hon'ble Gajendra Kumar,J.

1. Heard learned counsel for the applicant, learned counsel for the opposite party no.2 and learned A.G.A. for the State and perused the record.

2. This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the charge sheet dated 16.10.2021 and cognizance/summoning order dated 04.06.2022 as well as the entire proceeding of Criminal Case No.3344 of 2022, arising out of Case Crime no.345 of 2021, under Sections 323, 504, 506, 308 IPC, Police Station Patherwa, District Kushi Nagar.

3. 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.

4. Learned A.G.A. has no objection to such request.

5. 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.

6. For a period of four weeks from today, no coercive action shall be taken against the applicants.

Order Date :- 15.9.2023

Sanjeet