Surendra and 2 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 34850 of 2023 Applicant :- Surendra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Virendra Singh Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned charge-sheet no. 246 of 2022, dated 12.11.2022 and cognizance/ summoning order dated 06.04.2023 as well as entire proceedings of Criminal Case No. 1910 of 2023 (State Vs. Surendra and others), arising out of Case Crime No. 254 of 2022, under Section 3(2)(Da) of Prevention of Damage to Public Property Act, Police Station Narsaina, District Bulandshaher, pending in the court of Additional Chief Judicial Magistrate, Court Room No. 01, Bulandshaher.

¶3After some arguments, learned counsel for the applicants has made a statement at the Bar, on instructions, that he does not want to press other prayers made in the instant application and states that the applicants are ready to appear before the court below and seek their bail and that their release be considered in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2022) 10 SCC

51.

¶4Per contra, learned AGA states that he has no objection to the aforesaid prayer made by learned counsel for the applicants for not pressing the other prayers made in the instant application.

¶5In view of the above, in case the applicants appear before the court below within three weeks from today and seek bail, their release be considered in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51.

¶6With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed of. Order Date :- 16.10.2023/Nadim High Court of Judicature at Allahabad