ALLAHABAD HIGH COURT
ROHIT NISHAD – Appellant
Versus
State – Respondent
A482/3375/2023
Court No. - 51
Case :- APPLICATION U/S 482 No. - 3375 of 2023
Applicant :- Rohit Nishad
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Raj Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
Heard learned counsel for the applicants and learned AGA for the
State.
This application under Section 482 Cr.P.C. has been filed by
applicants for quashing the cognizance order dated 25.02.2020 as
well as Charge Sheet dated 05.02.2020 and stay the further
proceeding of the Case No. 128 of 2020, arising out in Case Crime
No. 0010 of 2020, under Section 60 U.P. Excise Act, Police Station
Dacor, District Jalaun pending in the Court of Judicial Magistrate,
Jalaun.
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.
Learned AGA has no objection to the prayer made by learned
counsel for the applicants.
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482 Cr.P.C. is dismissed as withdrawn with liberty to applicants to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.
The application under Section 482 Cr.P.C. is dismissed as
withdrawn with the aforesaid liberty and direction.
Order Date :- 10.2.2023
Sumit Kumar
Digitally signed by :-
SUMIT KUMAR
High Court of Judicature at Allahabad
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