Shivendra Kumar and 3 Others v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 15905 of 2023 Applicant :- Shivendra Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.,Dharmendra Kumar Rajput Hon'ble Gajendra Kumar,J. Heard learned counsel for the applicants, 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 the summoning order dated

04.02.2023 as well as entire criminal proceeding of Complaint Case No. 31159 of 2022 (Smt. Pooja Mittal vs. M/S Premi Caterers and others), under Section 138 N.I. Act, pending in the court of Presiding Officer, Additional Court, Aligarh. After 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. 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 applicants 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. For a period of four weeks, no coercive action shall be taken against the applicants. Order Date :- 2.11.2023 v.k.updh. High Court of Judicature at Allahabad