Court No. - 64
Case :- APPLICATION U/S 482 No. - 32072 of 2019 Applicant :- Anil Kumar Ojha Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bishram Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been moved seeking the quashing of Charge sheet dated 13.02.2019, cognizance order dated 05.04.2019 as well as entire proceeding in Case No.2028 of 2019 (State vs. Anil Kumar Ojha), arising out of Case Crime No.4/2018, u/s 468, 471, 465, 417, 466 I.P.C., P.S.-Ahirauli Bazar, District-Kushi Nagar, pending in the court of Additional Chief Judicial Magistrate, Kasya, Kushinagar.
Heard learned counsel for applicant and learned A.G.A. Perused the record.
Counsel for the applicant at the very outset has not pressed the prayer seeking the quashing of the impugned charge sheet, cognizance order as well as entire proceeding and has submitted that the applicant only wants to appear before the court below and get himself bailed out and in that regard some protective direction may be given by this Court.
In view of the submissions made by the applicant's counsel, the prayer for quashing the impugned charge sheet, cognizance order and entire proceeding 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-applicant 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- applicant in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is clarified that 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 :- 22.8.2019 M. Kumar