Shah Alam v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 35369 of 2023 Applicant :- Shah Alam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Pandey,Rahul Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the opposite party no.2 and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet no.100 of 2021, dated 20.04.2021 and cognizance/ summoning order dated

28.07.2021 as well as entire proceedings of Case No. 1066 of 2021 (State Vs. Shah Alam and others), arising out of Case Crime No. 439 of 2020, under Section 138 of Electricity Act and Sections 323, 353, 504, 201 IPC, Police Station Nai Mandi, District Muzaffar Nagar, pending in the court of Additional District and Sessions Judge/ Special Judge (E.C. Act), Court No.04, Muzaffar Nagar.

¶3After 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.

¶4Per contra, learned AGA as well as learned counsel for the opposite party no.2 states that they have no objection to the aforesaid prayer made by learned counsel for the applicant for not pressing the other prayers made in the instant application.

¶5In 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.

¶6With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed of. Order Date :- 30.10.2023/Nadim High Court of Judicature at Allahabad