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Allahabad High Court

Kamaluddin Khan vs State Of U.P. And Another on 18 September, 2023

Author: Rajiv Gupta

Bench: Rajiv Gupta





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:179448
 
Court No. - 86
 
Case :- APPLICATION U/S 482 No. - 33302 of 2023
 
Applicant :- Kamaluddin Khan
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Aditya Vikram,Ajay Kumar Maurya,Ali Hasan
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Rajiv Gupta,J.
 

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

2. This application under Section 482 Cr.P.C. has been filed with the prayer to quash the NBW dated 27.04.2022 as well as entire proceedings of Sessions Trial No. 167-A of 2004 (State Vs. Kamaluddin and others), arising out of Case Crime No. 212 of 2000, under Sections 302, 201 IPC, Police Station Dohra Ghat, District Mau, pending in the court of Additional Sessions Judge-III, Mau.

3. After some arguments, learned counsel for the applicant 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 applicant is ready to appear before the court below and seek his bail and that his 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.

4. Per contra, learned AGA states that he has no objection to the aforesaid prayer made by learned counsel for the applicant for not pressing the other prayers made in the instant application.

5. In view of the above, in case the applicant appears before the court below within three weeks from today and seeks bail, his 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.

6. With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed of.

Order Date :- 18.9.2023/Nadim