Court No. - 64
Case :- APPLICATION U/S 482 No. - 32048 of 2019 Applicant :- Basant Chauhan And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajeev Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of the charge sheet dated 17.8.2018, the cognizance order dated 15.11.2018 passed by the Addl. Chief Judicial Magistrate-I, Gorakhpur as well as the entire proceedings of Criminal Case No. 2303699 of 2018, State versus Basant Chauhan and others, arising out of Case Crime No. 615 of 2018, u/ss 147, 323, 504, 336 and 308 IPC, P.S. Khorabar, District Gorakhpur pending in the Court of Addl. Chief Judicial Magistrate-I, Gorakhpur.
Heard applicants' counsel and learned AGA. Entire record has been perused.
At the very out-set, learned counsel for the applicants states that he does not want to press the prayer seeking the quashing of the charge sheet, the cognizance order and the entire proceedings and has submitted 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 statement made by the applicants' counsel, the prayer for quashing of the charge sheet, the cognizance order and the entire proceedings 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 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 in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is further clarified that for the present 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 :- 22.8.2019 CPP/-