Gaffar Alias Gaffar Ali vs State Of U.P. And Another
2024 Latest Caselaw 17876 ALL

Allahabad High Court

Gaffar Alias Gaffar Ali vs State Of U.P. And Another on 17 May, 2024

Author: Vivek Varma

Bench: Vivek Varma

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:89384
 
Court No. - 86
 

 
Case :- APPLICATION U/S 482 No. - 8417 of 2024
 

 
Applicant :- Gaffar Alias Gaffar Ali
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Rishikesh Pati Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vivek Varma,J.
 

1. Heard learned counsel for the applicant as well as Sri Nagendra Kumar Mishra, learned Brief Holder for the State- opposite party no. 1, and perused the record.

2. This application under Section 482 Cr.P.C. has been filed by the applicant challenging entire proceedings on the basis of charge-sheet dated 13.01.2023 submitted in Case No. 6858/9 of 2023, State v. Gaffar, arising out of Case Crime No. 278 of 2022, under Section 447 I.P.C., Police Station Nai Mandi, District Muzaffarnagar pending in the Court of the Additiional Cheif Judicial Magistrate, Muzaffarnagar as well as cognizance/ summoning order dated 24.03.2023 passed in the said case.

3. After arguing the matter at some length, learned counsel for the applicant prays for withdrawal of this application with liberty to the applicant to file bail application before the court of competent jurisdiction.

4. Learned Brief Holder for the State has no objection to such request.

5. In view of the above, the instant application is disposed of as withdrawn with liberty to the applicant to appear before court concerned and file appropriate application for bail, which shall be decided in the light of the judgment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 :- 17.5.2024

SKT/-