Court No. - 65
Case :- APPLICATION U/S 482 No. - 17278 of 2019 Applicant :- Akhilesh @ Abhishekh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pankaj Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed for quashing of impugned order dated 02.01.2019 and 26.04.2019 passed by the Additional Chief Judicial Magistrate, Court No8, Varanasi whereby non bailable warrants have been issued against the applicant in Criminal Case No.694 of 2017 (State vs. Akhilesh @ Abhishek) arising out of Crime No.241 of 2017, u/s 419, 420, 504, 506 I.P.C., Police Station-Phoolpur, District-Varanasi.
Heard applicant's counsel as well as learned AGA and perused the record.
Counsel for the applicant has not been able to point out any such illegality, much less than any abuse of court's process which may persuade this Court to interfere in the impugned orders which reflect judicial application of mind. The court below after perusing the material collected by the Investigating Officer on the basis of which the charge sheet has been submitted, found that a prima facie case against the accused at that stage has been made out and it did not find any basis to discharge the applicant. So far as the order whereby warrants have been issued against the applicant, this court again does not see any abuse of court's process on the basis of which the same may be castigated. There is no good ground to interfere in the impugned orders, therefore, the prayer for quashing of the same is refused.
Applicant's counsel submits that as it is being desired by the accused to obtain bail after surrendering in the court below, a protective direction may be issued to the lower court to decide the proposed bail application.
In view of the peculiar facts and circumstances of the case, it is directed that in case after surrendering in the court below an application for bail is moved on behalf of the accused within three weeks from today, the same shall be considered and decided in accordance with law.
In the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is made clear that if this order is not availed by the accused within stipulated period of time, no time extension application shall be entertained.
It is further clarified that the present order has been passed only with regard to the accused on behalf of whom this application u/s 482 Cr.P.C. has been moved in this Court.
With the aforesaid observations, this application is finally disposed off.
Order Date :- 30.4.2019/M. Kumar