Komal and Another v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 37099 of 2023 Applicant :- Komal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hari Shanker,Sunil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire Criminal proceeding as well as summoning order dated

22.09.2009 and subsequent notice dated 18.07.2023 in Complaint Case No. 51 of 2009 (New No. 1631 of 2009) (Omkar Nath Vs. Dinesh and others), under sections 147, 148, 149, 323, 452, 392, 394, 504, 506, 427 IPC, P.S. Chauri, District Sant Ravidas Nagar (Bhadohi) pending in the court of Upper Civil Judge (J.D.)-I, Bhadohi.

¶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 :- 29.11.2023 RPD High Court of Judicature at Allahabad