The High Court dismissed the application under Section 482 Cr.P.C. as withdrawn by the applicants, granting liberty to approach the trial court for bail and enjoining coercive action for 15 days.
Application dismissed as withdrawn; liberty to file bail granted; no coercive action for 15 days.
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Court No. - 51 Case :- APPLICATION U/S 482 No. - 4820 of 2023 Applicant :- Smt. Asha And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Munna Tiwari 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 of charge sheet dated 10.04.2022 bearing Case No. 4026 of 2022 (State Vs. Sachin Paswan) under Sections 147, 323, 325, 452, 504, 506, 308 I.P.C., Police Station Madanpur, District Deoria, arising out of Case Crime No. 0027 of 2022 pending in the Court of Additional Judicial Magistrate-Court No. 26, Deoria as well as cognizance order dated 26.04.2022 and 13.10.2022 passed by Additional Judicial Magistrate, Court No. 26, Deoria.
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Under the circumstances, the present application under Section 482 Cr.P.C. is dismissed as withdrawn with liberty to applicants to approach the court concerned for bail.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The application under Section 482 Cr.P.C. is dismissed as withdrawn with the aforesaid liberty and direction.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 :- 9.2.2023 VMA
Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad
Smt. Asha
Another
State of U.P.
Another
Vikram D. Chauhan
Vishwa Mohan Arora
As recorded by the court registry
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