Rabbul Khatoon and 2 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 38640 of 2023 Applicant :- Rabbul Khatoon And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mithilesh Kumar Gupta,Anju Pandey Counsel for Opposite Party :- G.A.,Sudhir Mehrotra,Suyash Mehrotra Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Sudhir Mehrotra, learned counsel for O.P. No. 2 and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings as well as order dated 11.12.2017 passed by Chief Judicial Magistrate, Ghazipur in Misc. Complaint No. 45 of 2016 (Wahid Khan Vs. Wajid Khan and others), and order dated 05.08.2023 passed in Criminal Case No 14 of 2018, Wahid Khan Vs. Wajid Khan and others, under sections 498-A IPC, P.S. Dildar Nagar, District Ghazipur arising out of Case Crime No. 432 of 2015, under sections 498-A, 304-B IPC and section 3//4 DP. Act, pending in the court of Chief Judicial Magistrate, Ghazipur.

¶3After some arguments, learned counsel for the applicants 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 applicants are ready to appear before the court below and seek their bail and that their 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 states that he has no objection to the aforesaid prayer made by learned counsel for the applicants for not pressing the other prayers made in the instant application.

¶5In view of the above, in case the applicants appear before the court below within three weeks from today and seek bail, their 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 off. Order Date :- 23.11.2023/RPD High Court of Judicature at Allahabad