The applicant withdrew their application under Section 482 CrPC challenging cognizance and charge sheet. The court dismissed the application, granting liberty to approach the lower court for bail with 15 days non-coercive period.
Application dismissed as withdrawn; liberty to seek bail granted with 15 days non-coercive period.
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Court No. - 51 Case :- APPLICATION U/S 482 No. - 5257 of 2023 Applicant :- Prashant Kumar Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ratnesh Kumar 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 charge sheet no.862/2021 dated 15.12.2021 and cognizance order dated 27.05.2022 passed by learned Chief Judicial Magistrate, Moradabad as well as entire proceeding of Criminal Case No.37300 of 2022, C.N.R. No.UPM0040423392022 (Sate Vs. Prashant Kumar and another) arising out of Case Crime No.1079 of 2021, under Sections 323, 504, 354 IPC, P.S. Majhola, District Moradabad pending in the court of learned Judicial Magistrate, Moradabad.
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Under the circumstances, the present application under Section 482 Cr.P.C. is dismissed as withdrawn with liberty to applicants to approach the court concerned for bail.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. 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.
The application under Section 482 Cr.P.C. is dismissed as withdrawn with the aforesaid liberty and direction.
Order Date :- 13.2.2023/D. Tamang
Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad
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Satender Kumar Antil Vs. Central Bureau of Investigation and anotherReferred¶7
Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 · Who else cites this
1 provisions across 1 enactments
Prashant Kumar Singh
Vikram D. Chauhan
As recorded by the court registry
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