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

Court No. - 91 Case :- APPLICATION U/S 482 No. - 38838 of 2023 Applicant :- Hariom And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Niklank Kumar Jain Counsel for Opposite Party :- G.A.,Mool Chandra Maurya Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicants, learned A.G.A. for the State, Shri Mool Chandra Maurya, learned counsel for opposite part no.2 and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the impugned cognizance/summoning order dated 21.08.2023 passed by Civil Judge (Junior Division/Judicial Magistrate, Jalesar, Etah in Complaint Case No.2649 of 2023, Babita Devi Vs. Hariom, under sections 452,323, 354B, 504, 506 IPC, Police Station Awagarh, District Etah and further to stay the further proceedings of the aforesaid case has been made.

¶3After arguing the matter at some length, learned counsel for the applicants prays for withdrawal of this application with liberty to the applicants 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¶5In view of the above, the instant application is disposed of as withdrawn with liberty to the applicants to appear before court concerned and file appropriate application for bail within four weeks, which shall be decided in the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 applicants. Order Date :- 18.10.2023 SFH High Court of Judicature at Allahabad