Pawan Kumar v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 35942 of 2023 Applicant :- Pawan Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shekhar Gangal Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Learned counsel for the applicant is permitted to make necessary correction in the prayer clause of the instant application during the course of the day.

¶2Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶3This application under Section 482 Cr.P.C. has been filed with the prayer to quash charge-sheet no. 27 of 2022 dated

15.02.2022 and cognizance order dated 09.12.2022 as well as entire proceedings of Criminal Case No. 609 of 2022 (State VS. Umesh and others), arising out of Case Crime No. 40 of 2022, under Sections 420 and 332 IPC, Police Station Chandaus, District Aligarh, pending in the court of Judicial Magistrate-III, Aligarh.

¶4After some arguments, learned counsel for the applicant 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 applicant is ready to appear before the court below and seek his bail and that his 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.

¶5Per contra, learned AGA states that he has no objection to the aforesaid prayer made by learned counsel for the applicant for not pressing the other prayers made in the instant application.

¶6In view of the above, in case the applicant appears before the court below within three weeks from today and seeks bail, his 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.

¶7With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed off. Order Date :- 16.10.2023 Subham High Court of Judicature at Allahabad