Allahabad High Court
Munni And 2 Others vs State Of U.P. And Another on 21 March, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:51470 Court No. - 90 Case :- APPLICATION U/S 482 No. - 7032 of 2024 Applicant :- Munni And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhilasha Singh,Ashutosh Yadav,Shyam Lal 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 the applicants with the following reliefs:-
"1. Allow this application; and/or,
2. Quash the charge sheet no. 01 dated 21.08.2023 submitted by the Police against the applicants for commission of offences punishable under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, P.S. Bahjoi, District Sambhal in the court of the learned C.J.M., District Sambhal; and/or,
3. Quash the cognizance order dated 31.10.2023 passed by the learned C.J.M., Sambhal in Case No. 5362 of 2023 (State Vs. Rajesh and others), arising out of Case Crime No. 179 of 2023, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, P.S. Bahjoi, District Sambhal; and/or,
4. Quash the summoning order dated 31.10.2023 passed by the learned C.J.M., Sambhal in Case No. 5362 of 2023 (State Vs. Rajesh and others), arising out of Case Crime No. 179 of 2023, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, P.S. Bahjoi, District Sambhal; and/or,
5. Quash entire proceedings Case No. 5362 of 2023 (State Vs. Rajesh and others), arising out of Case Crime No. 179 of 2023, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, P.S. Bahjoi, District Sambhal pending in the court of the learned C.J.M., Sambhal; and/or,
6. Stay further proceedings of Case No. 5362 of 2023 (State Vs. Rajesh and others), arising out of Case Crime No. 179 of 2023, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, P.S. Bahjoi, District Sambhal pending in the court of the learned C.J.M., Sambhal during pendency of the present criminal misc. application."
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/anticipatory 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 Under the circumstances, the present application under Section 482 Cr.P.C. is dismissed as withdrawn with liberty to applicants to approach the court concerned for bail/anticipatory bail. In order to enable the applicants to approach the court concerned for bail/anticipatory bail, for a period of 15 days, no coercive action shall be taken against the applicants. In case, the bail/anticipatory 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 :- 21.3.2024 VMA