Dismissed

Rohit and 2 Othera v. State of U.P. and Another

Allahabad HC16 Feb 2023A482/3479/2023

Case brief

AI extract

What is this about?

The single judge dismissed an application under Section 482 Cr.P.C. for quashing criminal proceedings as withdrawn by the applicant. The court granted liberty to file a bail application with no coercive action for 15 days, directing the lower court to decide bail expeditiously following Satender Kumar Antil.

What did the court decide?

The application was dismissed as withdrawn; liberty to file bail; no coercive action for 15 days.

Rohit and 2 Othera Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 51

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Case :- APPLICATION U/S 482 No. - 3479 of 2023

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Applicant :- Rohit And 2 Othera Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Prakash Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Vikram D. Chauhan,J.

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Heard learned counsel for the applicants and learned AGA for the State-respondent.

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This application under Section 482 Cr.P.C. has been filed by applicants for quashing the entire proceedings of Criminal Case No.4949 of 2022, State Vs. Rohit and others, arising out of Case Crime No.0442 of 2022, under sections 452, 387, 323, 504, 506 I.P.C., P.S. Mauranipur, District Jhansi pending in the court of Judicial Magistrate, Mauranipur, Jhansi.

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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.

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Learned AGA has no objection to the prayer made by learned counsel for the applicant.

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Under the circumstances, the present application under Section 482 Cr.P.C. is dismissed as withdrawn with liberty to applicants to approach the court concerned for bail.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. While considering the bail application of the applicants, the court below shall keep in mind the principles of law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

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The application under Section 482 Cr.P.C. is dismissed as withdrawn with the aforesaid liberty and direction.

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Order Date :- 16.2.2023 Bhaskar

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Digitally signed by :- BHASKAR High Court of Judicature at Allahabad

Rohit and 2 Othera v. State of U.P. and Another

Case brief

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Rohit and 2 Othera v. State of U.P. and Another

Case brief

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