Devendra Kumar Gupta v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 40123 of 2023 Applicant :- Devendra Kumar Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gautam,Mohd. Shamim Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash cognizance order dated

13.09.2012 and the non-bailable warrant order dated

17.06.2023, passed by Chief Judicial Magistrate, Jalaun at Orai, in Criminal Case No. 2137 of 2012 (State vs. Devendra Kumar Gupta and another), arising out of Case Crime No. 378 of 2012, under Section 420 IPC, Police Station Kotwali Orai, District Jalaun, pending in the court of Chief Judicial Magistrate, Jalaun at Orai as well as entire proceeding of aforesaid case. After arguing the matter at some length, learned counsel for the applicant prays for withdrawal of this application with liberty to the applicants to file bail application before the court of competent jurisdiction. Learned A.G.A. has no objection to such request. In view of the above, the instant application is disposed of with liberty to the applicant to appear before court concerned and file appropriate application for bail within a period of four weeks from today, 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. Order Date :- 1.11.2023 v.k.updh. High Court of Judicature at Allahabad