Court No. - 64
Case :- APPLICATION U/S 482 No. - 36084 of 2019 Applicant :- Atiqul Rehman Khan And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- S. Kamal Akhtar Khan,Mahesh Kumar Srivastava 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 summoning order dated 12.12.2018 as well as entire proceeding in Case No.1903 of 2016 (Old Case No.675 of 2011), State vs. Rafiqul Rehman and others, arising out of Case Crime No.975 of 2010, u/s 147, 148, 149, 307, 504, 506, 447, 420, 467, 468, 471 I.P.C., P.S.-Bilaspur, District-Rampur, pending in the court of Additional Chief Judicial Magistrate, Court No.1, Rampur.
Heard learned counsel for applicants 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 as well as entire proceeding 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 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- applicants 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-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 :- 27.9.2019 M. Kumar