Court No. - 52
Case :- APPLICATION U/S 482 No. - 21409 of 2019 Applicant :- Ather Khan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mahendra Pratap Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Mahendra Pratap Yadav for the applicant and the learned AGA for the State and perused the record.
This application under Section 482 Cr P C has been filed with the prayer to quash the charge-sheet no. 1 of 2018 dated 29.4.2018 as well as the entire proceedings arising out of Case Crime No. 0148 of 2018, under Section 323, 504, 506, 452 IPC, P.S. Dudhara, Distt. Sant Kabir Nagar, which is now registered as Case No. 2821 of 2018 (State Vs. Ather Khan).
A perusal of the FIR as well as the evidence collected in the case diary shows that there was sufficient material before the Magistrate to take cognizance of the case and proceed with the case. As such the order taking cognizance cannot be said to be illegal. The prayer made in the application is refused.
However, it is observed that in case the applicant surrenders before the court below within 30 days from today and applies for bail, the same 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., 2004 (57) ALR 290 and affirmed by Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC). For a period of 30 days from today, no coercive action shall be taken against the applicant.
It is made clear that no further time shall be allowed to the applicant to surrender before the Court below.
With the aforesaid observations, the application stands disposed of.
Order Date :- 29.5.2019 Rahul Dwivedi/-