C482/1149/2017 of Asjad AND ANOTHER Vs State Of Uttarakhand AND ANOTHER
Parties
- After arguing the petition at some length, learned counsel for the applicants fairly conceded that there is hardly any scope of discharge of present applicants, in view of decision rendered by this Co (PETITIONER)
- Applicants have already obtained bail (RESPONDENT)
Cites (4 resolved of 16 detected)
- AIR 2013 SC 52 (2013) NOT_FOLLOWED
- PREETI GUPTA & ANOTHER versus STATE OF JHARKHAND & ANOTHER (2010)
- SHAKSON BELTHISSOR versus STATE OF KERALA & ANR. (2009)
Statutes cited (2)
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C482 No.1149 of 2017 U.C. Dhyani, J. Mr. Mohd. Safdar, Advocate for the applicants.
Mr. S.S. Adhikari, A.G.A. for the State.
By means of present application under Section 482 of Cr.P.C., applicants seek to quash/set-aside the order dated 7.4.2017 passed by learned 1[st] Additional District & Session Judge, Roorkee, District-Haridwar in S.T. No.70 of 2016 (Case Crime No.29/2015), under Section 366/511, 354, 452, 506 of IPC, P.S. Kotwali Bhagwanpur, District-Haridwar.
After arguing the petition at some length, learned counsel for the applicants fairly conceded that there is hardly any scope of discharge of present applicants, in view of decision rendered by this Court inMukesh Kumar vs. Central Bureau Investigation which was decided, on the basis of plethora of decisions of Hon’ble Apex Court in Shoraj Singh Ahlawat & others vs. State of U.P. & another reported in AIR 2013 SC 52,Preeti Gupta & another vs. State of Jharkhand & another (2010) 7 SCC 667, Union of India vs. Prafulla Kumar Samal & another, (1979) 3 SCC 4; Sajjan Kumar vs. Central Bureau of Investigation, (2010) 9 SCC 368; State of Orissa vs. Debendra Nath Pandhi, (2005) 1 SCC 568; Onkar Nath Mishra & others vs. State (NCT of Delhi) & another, (2008) 2 SCC 561; Shakson Belthissor vs. State of Kerala & another, (2009) 14 SCC 466 and Rumi Dhar (Smt.) vs. State of West Bengal & another, (2009) 6 SCC 364.
Applicants have already obtained bail.
Learned counsel for the applicants, therefore, seeks and is permitted to withdraw present application under Section 482 of Cr.P.C.
Liberty is granted to the applicants to place all the factual pleas before the Trial Court for securing their acquittal, in accordance with law, at an appropriate stage.
(U.C. Dhyani, J.)
25.08.2017