Application under Section 482 Cr.P.C. to quash charge-sheet was disposed of as withdrawn by the applicant with liberty to file a bail application before the competent court.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 8319 of 2023
Applicant :- Sarvesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Kumar Pandey,Lalit Prakash Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Sri Rupak Chaubey, learned A.G.A. for the State. Perused the records.
The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet dated 20.11.2022 under Section 376 I.P.C., Case Crime No. 366 of 2022, P.S. Ghaziabad Kotwali, District Ghaziabad as well as the cognizance order dated 2.12.2022 passed by Additional Civil Judge (S.D.) A.C.J., Court No.2, Ghaziabad.
After arguing the matter at some length, counsel for applicant submits that he intends to withdraw the present application with liberty to the applicant to file bail application before the Court of competent jurisdiction.
Learned AGA has no objection to such request.
In view of the above, this application is disposed of as withdrawn with liberty to the applicant to appear before court below and file appropriate application for bail, which shall be decided by court below in the light of decision rendered in Satender Kumar Antil Vs. Central Bureau of Investigation and another , Special Leave to Appeal (Crl.) No (s) 5191 of 2021 decided on 07.10.2021 .
Order Date :- 19.4.2023 S.S.
Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherReferred¶9
Satender Kumar Antil Vs. Central Bureau of Investigation and another, Special Leave to Appeal (Crl.) No (s) 5191 of 2021
Sarvesh Kumar
Vivek Varma
As recorded by the court registry
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