The court disposed of an application under Section 482 Cr.P.C. to quash proceedings, accepting the applicant's request to withdraw the application with liberty to file a bail application before the lower court.
Application disposed of as withdrawn with liberty to the applicant to file a bail application before the court below.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 12686 of 2023
Applicant :- Devendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Dixit,Somdev Dixit 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 criminal proceeding of Criminal Case No. 5634 of 2022 (State Vs. Devendra Kumar), arising out of Case Crime No. 571 of 2021, under Section 3/7 Essential Commodities Act, Police Station Iglas, District Aligarh, pending in the Court of Addl. Chief Judicial Magistrate, Aligarh.
After arguing the matter at some length, learned counsel for the applicant submits that he wants to withdraw this application with liberty to the applicant to file his 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In view of the above, this application is disposed of as withdrawn with liberty to the applicant to appear before court below and file appropriate application for bail, which shall be decided by court below in the light of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 Lbm/-
Digitally signed by :- LAL BAHADUR MAURYA 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
Devendra Kumar
State of U.P.
Vivek Varma
As recorded by the court registry
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