The High Court disposed of an application under Section 482 Cr.P.C. filed to challenge a summoning order. The applicant sought to withdraw the application but was granted liberty to file a bail application before the court below.
Application disposed of as withdrawn with liberty to file a bail application before the lower court.
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Court No. - 80
Case :- APPLICATION U/S 482 No. - 9709 of 2022
Applicant :- Gaurav Singh@ Sannu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adarsh Kumar,Deepankar Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr Adarsh Kumar, the learned counsel for applicant and the learned A.G.A. for State. Perused the record.
Present application under Section 482 Cr.P.C. has been filed challenging the Cognizance Taking Order/Summoning Order dated 03.02.2018 passed by Judicial Magistrate-I, Kanpur Dehat in Criminal Case No. 2168 of 2018 (State Vs. Gaurav Singh @ Sannu and others) arising out of case crime no. 122 of 2017 under Sections 354, 323, 504, 506, I.P.C, P.S Rasoolabad, District Kanpur Dehat (Ramabai Nagar) as well as the entire proceeding of the aforementioned Criminal Case now pending in the court of Judicial Magistrate-I, Kanpur Dehat.
After some arguments, learned counsel for the applicant wants to withdraw the application with liberty to appellants file a bail application before the court of competent jurisdiction.
In view of the above, the application is disposed of as withdrawn with liberty to the applicants to file an appropriate application for bail before the court below in terms of the decisions rendered in Satender Kumar Antil Vs. Central Bureau of Investigation and another, Special Leave to Appeal (Crl.) No (s) 5191 of 2021 decided on 07.10.2021.
Order Date :- 15.7.2022 PS
Digitally signed by POOJA SHARMA Date: 2022.07.16 17:23:15 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the application under Section 482 Cr.P.C. is disposed of with liberty to the applicant to file a bail application.
What procedure should the applicant follow to seek bail after withdrawing the Section 482 application.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of InvestigationExplained¶8
Satender Kumar Antil Vs. Central Bureau of Investigation and another, Special Leave to Appeal (Crl.) No (s) 5191 of 2021 decided on 07.10.2021
1 provisions across 1 enactments
Gaurav Singh @ Sannu And Another
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
