Court No. - 65
Case :- MATTERS UNDER ARTICLE 227 No. - 3180 of 2019 Petitioner :- Anup Singh And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Paritosh Sukla Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This writ petition has been filed with the prayer to quash the judgement and order dated 31.1.2019 passed by learned Sessions Judge, Aligarh in Criminal Revision No. 142 of 2018, Anoop Kumar and another vs. State, as well as order dated 22.3.2018 passed by C.J.M., Aligarh in Case No. 4046 of 2016, State vs. Anoop Singh and others, arising out of Case Crime No. 1500 of 2012, under Section 420 I.P.C., P.S.- Qwarsi, District- Aligarh whereby learned Magistrate has rejected the discharge application moved by the petitioners under Section 239 Cr.P.C.
Heard learned counsel for the petitioners and learned A.G.A. Perused the record.
At the very outset, learned counsel for the petitioners has not pressed the prayer so far it relates to quashing of the both the impugned orders. The only submission made by the petitioners counsel is that the petitioners want to appear before the court below and get themselves bailed out and in that regard some protective direction may be given.
In view of the submissions made by the petitioners' counsel, the prayer for quashing both the impugned orders 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 four 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 this order has been passed only with regard to the accused on behalf of whom this writ petition has been moved in this Court.
With the aforesaid observations, this writ petition is finally disposed off.
Order Date :- 26.4.2019 Naresh