Application under Section 482 Cr.P.C. to quash an order dismissed as withdrawn by the High Court because the applicants failed to comply with a previous bail order in a connected matter.
Application dismissed as withdrawn.
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 2994 of 2023
Applicant :- Suraj And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Chauhan,Shiva Kant Srivastava
Counsel for Opposite Party :- G.A.,Naveen Singh,Rajeev Kumar Singh Parmar
Hon'ble Samit Gopal,J.
List revised.
Heard Sri Pradeep Chauhan, learned counsel for the applicants and Sri Sai Girdhar, learned brief holder for the State and perused the record.
Sri Naveen Singh and Sri Rajeev Kumar Singh Parmar, learned counsels for the opposite party no.2 are not present despite the matter being taken up in the revised list.
Office to restore the vakalatnama on behalf of opposite party no.2 and place it on record and make a note in the order sheet.
The present application under Section 482 Cr.P.C. has been filed by the applicants Suraj, Harendra, Deepak, Gambhir, Radhey Shyam, Ankit and Vishal with the prayer to allow this application and quash the impugned order dated 05.12.2022 passed by Civil Judge (Jr. D.)/Judicial Magistrate, Court No.14, Azamgarh in Case No. 3170 of 2022 (State Vs. Suraj and others) as Case Crime No. 165 of 2018, under Sections 147, 452, 308, 323, 504, 506, 325 IPC, registered at Police Station Rani Ki Sarai, District Azamgarh, pending before the court of Civil Judge (Jr. D.)/Judicial Magistrate, Court No.14, Azamgarh and with a further prayer to stay the further proceedings in the said case, during the pendency of the present application.
After arguments at length, learned counsel for the applicants states that the order dated 10.06.2020 (annexed as annexure 10 to the affidavit) which has already been passed in Crl. Misc. Application 482 No. 10326 of 2020 (Suraj and 4 others Vs. State of U.P. and another), has not been complied with by the applicants with regards to bail and as such the present application under Section 482 Cr.P.C. be dismissed as withdrawn as they shall first comply with the part of the order
dated 10.06.2020 and then explore the appropriate remedy available under law.
Prayer is allowed.
The present application is dismissed as withdrawn.
Order Date :- 7.2.2023 M. ARIF
(Samit Gopal, J.)
Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad
Suraj And 6 Others
State of U.P.
Samit Gopal
Mohammad Arif
As recorded by the court registry
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