In an application under Section 482 Cr.P.C. to quash a summoning order, the High Court disposed of the application as withdrawn with liberty to file for bail in the court below following Satender Kumar Antil.
Application disposed as withdrawn with liberty to file bail application in court below.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 11017 of 2023
Applicant :- Shamshad Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Gautam Counsel for Opposite Party :- G.A.,Bilal Hasan,Saurabh Tripathi,Shivam Singh
Hon'ble Vivek Varma,J.
Heard Sri O.P. Singh, Senior Advocate assisted by Sri Manoj Kumar Gautam, counsel for the applicant, Sri N.K. Mishra, learned A.G.A. for the State and Sri Bilal Hasan and Sri Saurabh Tripathi, counsel for the opposite party no.2.
The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned summoning order dated 31.5.2022 passed by Civil Judge (Junior Division)/ FTC, Court No. 41, Shahjahanpur in Criminal Case No. 155 of 2022, under Section 3/4 of Muslim Women (Protection of Right on Marriage), Act, 2019, P.S. Kotwali, District Shahjahanpur as well as the entire proceeding of the aforesaid case.
After arguing the matter at some length, counsel for applicant submits that he intends to withdraw the present application with liberty to the applicant to file bail application before the Court of competent jurisdiction.
Learned AGA has no objection to such request.
In view of the above, this application is disposed of as withdrawn with liberty to the applicant to appear before court below and file appropriate application for bail, which shall be decided by court below in the light of decision 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 :- 25.4.2023 S.S.
Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherReferred¶9
Satender Kumar Antil Vs. Central Bureau of Investigation and another, Special Leave to Appeal (Crl.) No (s) 5191 of 2021
Shamshad Ahmad
State of U.P.
Vivek Varma
As recorded by the court registry
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