Application under Section 482 Cr.P.C. filed to quash proceedings was disposed of as withdrawn by the applicant with liberty to file a bail application before the court below.
Application disposed of as withdrawn with liberty to file bail application before the court below.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 8010 of 2023
Applicant :- Mitesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sarwar Ali Siddique Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant as well as Sri Rupak Chaubey, 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 challenging entire proceedings of Case No. 40749 of 2018, State v. Mitesh, arising out of Case Crime No. 143 of 2021, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Kavinagar, District Ghaziabad pending in the Court of the Chief Judicial Magistrate, Ghaziabad as well as the charge-sheet dated 23.05.2021 and the cognizance order dated 10.12.2021 passed in the said case.
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In view of the above, the instant application is disposed of as withdrawn with liberty to the applicant to appear before court below and file appropriate application for bail, which shall be decided by the court below in the light of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 :- 25.4.2023 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¶9
Satender Kumar Antil v. Central Bureau of Investigation and another, Special Leave to Appeal (Crl.) No (s) 5191 of 2021
Mitesh Kumar
Vivek Varma
As recorded by the court registry
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