Dismissed

Chintu @ Harikesh Bajrangi Yadav v. State of U.P.and Another

Allahabad HC23 Feb 2023A482/5927/2023

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. petition, the applicant sought to withdraw his application for quashing criminal proceedings. The court dismissed the petition as withdrawn, granting a 30-day stay on coercive action to enable the applicant to seek bail from the lower court.

What did the court decide?

The application is dismissed as withdrawn with liberty to file a bail application and a 30-day stay on coercive action.

Chintu @ Harikesh Bajrangi Yadav Vs State of… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 51

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Case :- APPLICATION U/S 482 No. - 5927 of 2023

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Applicant :- Chintu @ Harikesh Bajrangi Yadav Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Manoj Kumar Pandey 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 applicant and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed by applicant for quashing the entire proceedings of Criminal Case No. 2179 of 2021 as well as Charge Sheet No. 129 of 2020 dated 11.08.2020 and cognizance and summoning order dated 06.04.2021 under Sections 147, 308, 325, 323, 504, 506, 452 of I.P.C. in between (State of U.P. Vs. Sanju & Others) arising out of Case Crime No. 88 of 2020 P.S.Saraimeer, District- Azamgarh, pending in the Court of learned C.J.M. Azamgarh and also for quashing the N.B.W. order dated 25.08.2022/27.01.2023 passed by the Court below and to stay the further proceedings in the aforesaid criminal case.

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After some argument, learned counsel for the applicant 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 A.G.A. 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 applicant to approach the court concerned for bail. In order to enable the applicant to approach the court concerned for bail, for a period of 30 days, no coercive action shall be taken against the applicant. In case, the bail application is preferred by the applicant 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 :- 23.2.2023 Sumit Kumar

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Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad

Chintu @ Harikesh Bajrangi Yadav v. State of U.P.and Another

Case brief

What is this about?

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Chintu @ Harikesh Bajrangi Yadav v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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