Dashrath Lal Kushwaha v. State of U.P. and Anotehr

Court No. - 91 Case :- APPLICATION U/S 482 No. - 38739 of 2023 Applicant :- Dashrath Lal Kushwaha Opposite Party :- State Of U.P. And Anotehr Counsel for Applicant :- Vijai Prakash Yadav,Rajesh Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

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

¶2This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the charge sheet dated 1.09.2013 as bearing no.122/13 as well as cognizance order dated 10.01.2014 passed by learned Chief Judicial Magistrate, Allahabad as well as entire proceedings of Criminal Case No.735/14 (State v. Dashrath Lal) arising out of Case Crime No. 154 of 2023, under section

63.65 Copy right Act and 420 IPC, Police Station Mardah, District Ghazipur, pending in the court of Learned Chief Judicial Magistrate-2, allahabad.

¶3After arguing the matter at some length, learned counsel for the applicant prays for withdrawal of this application with liberty to the applicant to file bail application before the court of competent jurisdiction.

¶4Learned A.G.A. has no objection to such request.

¶5In view of the above, the instant application is disposed of as withdrawn with liberty to the applicants to appear before court concerned and file appropriate application for bail within four weeks, which shall be decided in the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.

¶6For a period of four weeks, no coercive action shall be taken against the applicant. Order Date :- 18.10.2023 SFH High Court of Judicature at Allahabad