Court No. - 7
Case :- APPLICATION U/S 482 No. - 21118 of 2019 Applicant :- Masood Ali Khan Sherwani Opposite Party :- State Of Up And Another Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard Sri Dharmendra Pratap Singh, learned counsel for the applicant and Sri R.L. Dwivedi, learned A.G.A. for the State- respondents.
This application under Section 482 Cr.P.C. has been filed by the applicant seeking quashment of entire proceedings of Criminal Case No. 14774 of 2015 arising out of Crime No. 1556 of 2012, under Section 406 of I.P.C. P.S. Banna Devi, District Aligarh pending in the court of learned Chief Judicial Magistrate, District Aligarh.
Learned counsel for the applicant submits that he wants to withdraw the present application as the applicant intends 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 applicant on the same day or at least by the next date, so that the applicant 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 applicant, the present application is dismissed as not pressed.
Needless to state that in the eventuality of filing any regular bail application by the applicant before the competent court of jurisdiction, the said court shall decide the same in accordance with law.
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 :- 28.5.2019 SK