Court No. - 64
Case :- APPLICATION U/S 482 No. - 36190 of 2019 Applicant :- Akhilesh Kumar Tiwari Opposite Party :- State Of Up And Anr Counsel for Applicant :- Shyam Shankar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of the charge sheet dated 23.3.2019 arising out of Case Crime No. 0047 of 2018, under Sections 406, 409, 420, 467, 468 and 471 I.P.C., P.S. Kakrwai, District Jhansi pending in the court of Addl. Chief Judicial Magistrate, Court No.02, Jhansi.
Heard applicant's counsel and learned AGA. Entire record has been perused.
At the very out-set, learned counsel for the applicants states that he does not want to press the prayer seeking the quashing of the charge sheet of the case and has submitted that the applicant wants to appear before the court below and get himself bailed out and in that regard some protective direction may be given.
In view of the statement made by the applicant's counsel, the prayer for quashing of the charge sheet of the case stands dismissed.
However, 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 further clarified that for the present this 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 :- 27.9.2019 CPP/-