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2023 Supreme(Online)(ALL) 18267

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482 Cr.P.C. is dismissed as withdrawn with liberty to applicants to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withdrawn with the aforesaid liberty and direction.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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