Ashok Chandra Yadav and 3 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 45600 of 2023 Applicant :- Ashok Chandra Yadav And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Vakalatnama filed by Shri Sanjai Kumar Pandey on behalf of O.P. No.2 is taken on record.

¶2Heard learned counsel for the applicants, learned counsel for O.P. No.2 and learned A.G.A. and perused the record.

¶3This application u/s 482 Cr.P.C. has been filed by the applicants with the prayer to quash the summoning order dated 17.3.2021 passed by Judicial Magistrate-Ist, Allahabad and charge sheet dt. 26.4.2020 as well as entire criminal proceedings of criminal case no. 199 of 2021, arising out of case crime no. 191 of 2018, under section 323, 504, 506, 308, 325 I.P.C. P.S. Tharwai, District Prayagraj, pending before the court of A.C.J.M, Court No.5, Allahabad.

¶4Learned 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 application and states that the applicants are ready to surrender 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.

¶5Per contra, learned A.G.A. and learned counsel for O.P. No.2 has submitted that he has no objection to the prayer made by learned counsel for applicants for not pressing the other prayers made in the application.

¶6In 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.

¶7With the aforesaid observations, this application filed u/s 482 Cr.P.C. is finally disposed of. Order Date :- 14.12.2023 R High Court of Judicature at Allahabad