Neutral Citation No. - 2025:AHC:702 Court No. - 71 Case :- APPLICATION U/S 482 No. - 34276 of 2024 Applicant :- Shiv Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anirudh Singh Counsel for Opposite Party :- G.A.,Irfan Ahmad Malik Hon'ble Rajeev Misra,J. 1. Heard Mr. Anirudh Singh, the learned counsel for applicant, the learned A.G.A. for State and Mr. Irfan Ahmad Malik, the learned counsel representing first informant-opposite party-2. 2. Perused the record. 3. Applicant-Shiv Kumar Yadav, who is a charge sheeted accused, has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:- "It is, therefore, Most Respectfully prayed that this Hon'ble Court may kindly be pleased to allow this application Under Section 482 Cr.P.C. and to quash the Charge-Sheet dated 12.07.2024 submitted by the Investigating Officer arising out of Case Crime No. 0095 of 2024, Under Sections 376(2) (N), 315, 504 & 506 of the Indian Penal Code, 1860, Police Station Harralya, District Basti as well as summoning order dated 16.09.2024 passed by the Additional Chief Judicial Magistrate-I, Court No.09, Basti in Criminal Case No. 338 of 2024, (State Versus Shiv Kumar Yadav) in relation to Case Crime No. 0095 of 2024, Under Sections 376(2) (N), 315, 504 & 506 of the Indian Penal Code, 1860, Police Station Harraiya, District Basti and entire proceedings of Criminal Case No.338 of 2024, (State Versus Shiv Kumar Yadav), arising out of Case Crime No.0095 of 2024, Under Sections 376(2) (N), 315, 504 & 506 of the Indian Penal Code, 1860, Police Station Harraiya, District Basti pending before the Additional Chief Judicial Magistrate-I, Court No.09, Basti. It is further prayed that this Hon'ble Court may kindly be pleased to stay the effect and operation of the summoning order dated 16.09.2024 passed by the Additional Chief Judicial Magistrate-I, Court No. 09, Basti in Criminal Case No. 338 of 2024, (State Versus Shiv Kumar Yadav) in relation to Case Crime No. 0095 of 2024, Under Sections 376(2) (N), 315, 504 & 506 of the Indian Penal Code, 1860, Police Station Harraiya, District Basti as well as further proceedings of Criminal Case No.338 of 2024, (State Versus Shiv Kumar Yadav), arising out of Case Crime No.0095 of 2024, Under Sections 376(2) (N), 315, 504 & 506 of the Indian Penal Code, 1860,Police Station Harraiya, District Basti pending before the Additional Chief Judicial Magistrate-1, Court No.09, Basti, during the pendency of the present Criminal Misc. Application Under Section 482 Cr.P.C. before this Hon'ble Court, otherwise the applicant shall suffer irreparable loss and injury, so that justice may be done. Or May pass such other and further order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 4. After some arguments, the learned counsel for applicant wants to withdraw the application with liberty to applicant to file a bail application before the court of competent jurisdiction. 5. In view of above, the application is disposed of as withdrawn with liberty to applicant to appear before court below and file an appropriate application for bail which shall be decided in the light of decision rendered in Satender Kumar Antil Vs. Central Bureau of Investigation and another (2021) 10 SCC 773. Order Date :- 2.1.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad