Application under Section 482 Cr.P.C. filed to quash an order and charge-sheet. Applicant sought to withdraw the application with liberty to file for bail. Leave granted by the Court.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 7100 of 2023
Applicant :- Daya Ram Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Srivastava,Rajeev Kumar Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant as well as Sri Vikas Sahai, learned A.G.A. for the State- opposite party and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the order dated 11.01.2023 passed in as well as the charge-sheet dated 05.03.2000 submitted in Case No. 1064 of 2003, State v. Udai Raj and others, arising out of Case Crime No. 253 of 1999, under Sections 467, 468, 419, 420 I.P.C., Police Station Phulpur, District Allahabad, pending in the Court of the Additional Chief Judicial Magistrate-VII, District Allahabad.
After arguing the matter at some length, learned counsel for the applicant submits that he wants to withdraw this application with liberty to the applicant to file his bail application before the court of competent jurisdiction.
Learned A.G.A. has no objection to such request.
In view of the above, the instant application is disposed of as withdrawn with liberty to the applicant to appear before court below and file appropriate application for bail, which shall be decided by the court below in the light of the judgment of the Hon'ble Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation and another , Special Leave to Appeal (Crl.) No (s) 5191 of 2021 , decided on 07.10.2021 .
Order Date :- 17.4.2023 SKT/-
Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil v. Central Bureau of Investigation and anotherReferred¶10
Satender Kumar Antil v. Central Bureau of Investigation and another, Special Leave to Appeal (Crl.) No (s) 5191 of 2021
Daya Ram Pandey
State of U.P.
Vivek Varma
As recorded by the court registry
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