Rajesh Tiwari And Another vs State Of U.P. And Another
2024 Latest Caselaw 173 ALL

Allahabad High Court

Rajesh Tiwari And Another vs State Of U.P. And Another on 3 January, 2024

Author: Vivek Varma

Bench: Vivek Varma

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:671
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 41855 of 2023
 

 
Applicant :- Rajesh Tiwari And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Awadhesh Kumar Mishra
 
Counsel for Opposite Party :- G.A.,Kaushlesh Datt Shukla
 

 
Hon'ble Vivek Varma,J.
 

1. Heard learned counsel for the applicants, Sri V.P. Tripathi, learned A.G.A. for the State- opposite party no. 1, and Sri Sunil Kumar Mishra, Advocate holding brief of Sri K.D. Shukla, learned counsel for the opposite party no. 2, and perused the record.

2. This application under Section 482 Cr.P.C. has been filed by the applicants challenging entire proceedings of Criminal Case No. 1168 of 2023, arising out of Case Crime No. 116 of 2023, under Sections 354A, 354B, 452, 323, 504, 506 I.P.C., Police Station Kotwali Dehat, District Mirzapur pending in the Court of the Civil Judge (Junior Division)/ F.T.C. (Court of Offences Against Women), Mirzapur as well as the charge-sheet dated 16.07.2023 and the cognizance order dated 14.09.2023 passed in the said case.

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 their bail applications before the court of competent jurisdiction.

4. Learned A.G.A. and learned counsel for the opposite party no. 2 have 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 In view of the above, the instant application is disposed of as withdrawn with liberty to the applicants to appear before court concerned and file appropriate application for bail, which shall be decided in the light of the judgment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 :- 3.1.2024

SKT/-