Court No. - 64
Case :- APPLICATION U/S 482 No. - 31014 of 2019 Applicant :- Anil Tiwari And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shailendra Kumar Tripathi 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 29.06.2019 and cognizance order dated 03.07.2019 in Case No.269 of 2019 (State vs. Anil Tiwari and others), arising out of Case Crime No.66 of 2019, u/s 34, 323, 504, 506, 324, 325 I.P.C., P.S.-
Vishungarh, District-Kannauj, pending in the court of Civil Judge (Junior Division)/Judicial Magistrate, Chhibramau, Kannauj.
Shri Rajeev Tiwari, Advocate filed his power today on behalf of opposite party no.2, which is taken on record.
Heard learned counsel for applicants, learned counsel for opposite party no.2 and learned A.G.A.
Perused the record.
Counsel for the applicants at the very outset has not pressed the prayer seeking the quashing of the impugned charge sheet and cognizance order and has submitted that the applicants only want to appear before the court below and get themselves bailed out and in that regard some protective direction may be given by this Court.
In view of the submissions made by the applicants' counsel, the prayer for quashing the impugned charge sheet and cognizance order 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-applicants within two 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- applicants 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 :- 26.8.2019 M. Kumar