The court dismissed an application under Section 482 Cr.P.C. for quashing proceedings as withdrawn, granting the applicants liberty to approach the lower court for bail and directing no coercive action.
Application dismissed as withdrawn with liberty to approach the lower court for bail; no coercive action for 15 days.
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Court No. - 51
Case :- APPLICATION U/S 482 No. - 3413 of 2023
Applicant :- Vedpal Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Tripathi,Rajeev Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
Heard learned counsel for the applicants and learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed by applicants for quashing the entire proceedings in pursuance of charge sheet dated 17.06.2021 as well as impugned Summoning Order dated 06.08.2021 in Case No. 415/2021 arising out of the Case Crime No. 36 of 2021, State of U.P. Vs. Gajendra & Others, Under Section 147, 148, 149, 232, 324, 336, 188, 269, 270 I.P.C. and under Section 7 Criminal Law Amendment Act and under Section 3/4 of Mahamari Adhiniyam, 1987 P.S. Kagaraul, District- Agra pending in the Court of Additional Civil Judge (J.D), Ist Agra.
After some argument, learned counsel for the applicants states that he may be permitted to withdraw this application filed under Section 482 Cr.P.C. with liberty to file bail application before the court below.
Learned AGA has no objection to the prayer made by learned counsel for the applicants.
Under the circumstances, the present application under Section 482 Cr.P.C. is dismissed as withdrawn with liberty to applicants to approach the court concerned for bail. In order to enable the applicants to approach the court concerned for bail, for a period of 15 days, no coercive action shall be taken against the applicants. In case, the bail application is preferred by the applicants before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party.
The application under Section 482 Cr.P.C. is dismissed as withdrawn with the aforesaid liberty and direction.
Order Date :- 10.2.2023 Sumit Kumar
Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether the application under Section 482 Cr.P.C. for quashing proceedings should be allowed or dismissed.
Whether to grant liberty to the applicants to file a bail application before the court below.
1 provisions across 1 enactments
Vedpal Singh And 3 Others
State of U.P.
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
