Shiv Kumar and 8 Others v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 41020 of 2023 Applicant :- Shiv Kumar And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Roy Sharma Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Vakalatnama filed today by Sri Kameshwar Rao, Advocate on behalf of the opposite party no.2 is taken on record.

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

¶3This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the summoning order dated

29.09.2023 as well as entire proceeding of Case No.UP AL 04049032 of 2023, arising out of Case Crime No.246 of 2023, under Sections 147, 148, 323, 504, 506, 336, 308 IPC, Police Station Tappal, District Aligarh.

¶4After 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.

¶5Learned A.G.A. has no objection to such request.

¶6In 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, 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 :- 7.11.2023 Sanjeet High Court of Judicature at Allahabad