Court No. - 7
Case :- APPLICATION U/S 482 No. - 21792 of 2019 Applicant :- Madhvi Sahu And 02 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard Sri Bharat Singh, learned counsel for the applicants and Sri Amit Sinha, learned A.G.A. for the State-respondents.
This application under Section 482 Cr.P.C. has been filed by the applicants seeking quashment of entire proceedings of crime no. 0409 of 2018, under Sections 323, 336, 427, 452, 504 of I.P.C., P.S. Kotwali, District Budaun pending in the court of C.J.M., Budaun and also to quash the impugned charge sheet dated 18.09.2018.
Learned counsel for the applicants submits that he wants to withdraw the present application as the applicants intend to file regular bail application before the court below. He, however, submits that direction may be issued to the trial court to decide the bail application of the applicants on the same day or at least by the next date, so that the applicants may not suffer any injury.
State counsel has no objection insofar as withdrawal of the application is concerned. He, however, submits that discretion be given to the trial court to decide the bail application in accordance with law.
Considering the statement made by learned counsel for the applicants, the present application is dismissed as not pressed.
Needless to state that in the eventuality of filing any regular bail application by the applicants before the competent court of jurisdiction within two weeks from today, the said court shall decide the same in accordance with law.
For a period of two weeks, no coercive steps shall be taken against the applicants.
It is made clear that this Court has not expressed any opinion on the merits of the case and the competent court to act in accordance with law.
Order Date :- 30.5.2019 SK