Court No. - 52
Case :- APPLICATION U/S 482 No. - 278 of 2019 Applicant :- Anil Chauhan And 9 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandra Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
This application U/S 482 Cr.P.C. has been filed seeking quashing of the proceeding of Case no. 1639 of 2018 (State vs. Anil Chauhan and others) arising out of Case Crime no. 678 of 2016, u/s 447 IPC and section 3 of Prevention of Damages to Public Property Act, 1984, P.S. Bisarakh, District Gautam Budh Nagar.
At the very out-set learned counsel appearing on behalf of the applicants submits that he does not want to press the principal prayers seeking quashing of the charge sheet and the entire proceeding as have been made in the application nor is inclined to press the prayer seeking stay of the summoning order and the proceeding. He is ready to submit to the jurisdiction of the court, seek bail and accept all the conditions which this Court may deem fit to impose upon him. The only prayer made by the learned counsel for the applicants is that the hearing of the bail application may be done on the same day.
Heard learned AGA and perused the record.
In view of the submission made by the learned counsel for the applicants the application so far as it relates to seeking quashing of the charge sheet and the entire proceeding and so far as it relates to seeking stay of the proceeding, stands dismissed.
However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days from today, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid observations, this application is finally disposed off.
Order Date :- 21.1.2019 Dhirendra/