Viresh And 4 Others vs State Of U.P. And Another
2023 Latest Caselaw 25212 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:179683
 
Court No. - 91
 

 
Case :- APPLICATION U/S 482 No. - 33244 of 2023
 

 
Applicant :- Viresh And 4 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Smt. Krishna 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 applicants with the prayer to quash the entire proceeding of the complaint case no. 346 of 2021 under section 323 I.P.C. (Ompal Vs. Viresh and others) Police Station- Akrabad, District- Aligarh, as well as summoning order dated 19.10.2022 passed by Additional Chief Judicial Magistrate Court No. 1 Aligarh as well as to stay the further proceeding in the aforesaid complaint case.

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 within three weeks from today 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.

Till the filing of the bail application before the court concerned within the aforesaid time period, no coercive action shall be taken against the applicants in the aforesaid compliant case.

Order Date :- 18.9.2023

Sumit