Application under Section 482 Cr.P.C. to quash criminal proceedings was disposed of as withdrawn by the applicant with liberty to file a bail application before the lower court.
Application treated as withdrawn; liberty granted to file bail application before the court below.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 11072 of 2023
Applicant :- Akhileshwar Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Mohan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State. Perused the records.
The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceeding of Case No. 244 of 2004 (State vs. Akhileshwar Tiwari and others), including charge-sheet dated 18.6.2003 arising out of case crime 58 of 1994, under Sections 467, 468, 471, 420, 409, 120B I.P.C., P.S. Rampur Karkhana, District Deoria, pending before the Chief Judicial Magistrate, Court No. 17, Deoria.
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In view of the above, this application is disposed of as withdrawn with liberty to the applicant to appear before court below and file appropriate application for bail, which shall be decided by court below in the light of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 :- 12.4.2023 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 another, Special Leave to Appeal (Crl.) No (s) 5191 of 2021 decided on 07.10.2021Referred¶9
1 provisions across 1 enactments
Akhileshwar Tiwari
State of U.P.
Vivek Varma
As recorded by the court registry
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