Allahabad High Court
Shanu And 2 Others vs State Of U.P. And Another on 29 April, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:75250 Court No. - 88 Case :- APPLICATION U/S 482 No. - 4963 of 2024 Applicant :- Shanu And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jalaj Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the applicants and learned AGA for the State.
2. This application under Section 482 Cr.P.C. has been filed by applicants for setting aside/quashing the charge sheet dated 12.1.2023 as well as cognizance order dated 1.3.2023 passed by Judicial Magistrate, Nawabganj, District Bareilly in W/S No.422 of 2023 (State of U.P. Vs. Shanu and others) arising out of Case Crime No.445 of 2022, under Sections 498A, 323, 354 IPC, Section 3/4 D.P. Act and Section 3/4 Muslim Women (Protection of Rights on Marriage) Act, P.S. Nawabganj, District Bareilly by which learned Magistrate summoned the applicants under Section 498A, 323, 354 IPC, Section 3/4 D.P. Act and Section 3/4 Muslim Women (Protection of Rights on Marriage) Act as well as entire proceedings of W/S No.422 of 2023 (State of U.P. Vs. Shanu and others) arising out of Case Crime No.445 of 2022, under Sections 498A, 323, 354 IPC, Section 3/4 D.P. Act and Section 3/4 Muslim Women (Protection of Rights on Marriage) Act, P.S. Nawabganj, District Bareilly, pending in the court of learned Judicial Magistrate, Nawabganj, District Bareilly.
3. After some argument, learned counsel for the applicants states that he may be permitted to withdraw this application filed under Section 482 Cr.P.C. with liberty to file bail application before the court below.
4. Learned AGA has no objection to the prayer made by learned counsel for the applicants.
5. Under the circumstances, the present application under Section 482 Cr.P.C. is dismissed as withdrawn with liberty to applicants to approach the court concerned for bail. In order to enable the applicants to approach the court concerned for bail, for a period of 15 days, no coercive action shall be taken against the applicants. In case, the bail application is preferred by the applicants before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party.
6. The application under Section 482 Cr.P.C. is dismissed as withdrawn with the aforesaid liberty and direction.
Order Date :- 29.4.2024 D. Tamang