The single judge dismissed an application under Section 482 Cr.P.C. as withdrawn by the counsel for the applicants, granting thirty days' liberty to apply for bail in the lower court.
Application dismissed as withdrawn; thirty days' liberty granted to approach the court below for bail; no coercive action during this period.
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Court No. - 51
Case :- APPLICATION U/S 482 No. - 3510 of 2023
Applicant :- Ram Milan Alias Milan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gopal Das Srivastava,Anil Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed by applicants for quashing the entire proceedings of Criminal Case No. 319 of 2021, (State Vs. Jawahir & others), Case Crime No. 155 of 2019, under Sections 323, 504, 506, 308, 325 I.P.C. of P.S.- Sarai Khwaja, District- Jaunpur pending in the court of Chief Judicial Magistrate Jaunpur, arising out of impugned charge sheet dated 17.07.2019 and the impugned cognizance order dated 05.01.2021 against the applicant as well as to stay the further proceedings of aforesaid criminal case.
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 A.G.A. 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Under the circumstances, the present application under Section 482 Cr.P.C. is dismissed as withdrawn with liberty to applicants to approach the court concerned for bail.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 30 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The application under Section 482 Cr.P.C. is dismissed as withdrawn with the aforesaid liberty and direction.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 :- 16.2.2023 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 needs to be disposed of after withdrawal.
Whether liberty to the applicants to approach the court concerned for bail should be granted.
6 provisions across 2 enactments
Ram Milan Alias Milan And 2 Others
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
