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Ashkari And Ors vs State Of U P And Anr

High Court Of Judicature at Allahabad|26 April, 2019


Court No. - 65
Case :- APPLICATION U/S 482 No. - 16768 of 2019 Applicant :- Ashkari And 7 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Alok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire criminal proceedings as well as charge sheet no. 03 of 2017, dated 6.3.2017 State vs. Askari and others, Case Crime No. 29 of 2016, under Sections 147, 148, 149, 224, 325, 336, 504 I.P.C., P.S.-
Kithore, District- Meerut including cognizance order dated 11.1.2018 passed by the J.M., Court No. 2, Ist Class, Meerut.
Heard learned counsel for the applicants and learned A.G.A. Perused the record.
At the very outset, learned counsel for the applicants has not pressed the prayer so far it relates to quashing of the charge sheet and the cognizance order as well as entire proceedings of the case. The only submission made by the applicants' counsel is that the applicants 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 applicants' counsel, the prayer for quashing the charge sheet as well as proceedings 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 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 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 :- 26.4.2019 Naresh
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Ashkari And Ors vs State Of U P And Anr


High Court Of Judicature at Allahabad

26 April, 2019
  • Karuna Nand Bajpayee
  • Alok Kumar Singh