Court No. - 84
Case :- APPLICATION U/S 482 No. - 297 of 2021 Applicant :- Beeru Rai Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hanuman Deen Verma Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Hanuman Deen Verma, learned counsel for the applicant and Sri Sanjay Sharma, learned AGA for the State- opposite party no. 1 and perused the record.
This application under Section 482 CrPC has been filed by the applicant to quash the entire proceeding of Special Session Trial No. 585 of 2018 (State vs. Krishna Madhav and others) arising out of Case Crime No. 158 of 2017, under Sections 147, 323, 325, 504, 506 IPC and 3(1)(10) S.C./S.T. Act, Police Station- Mahuli, District Sant Kabir Nagar, including charge sheet dated 13.4.2017.
Learned counsel for the applicant, at the very outset, has fairly submitted that the necessary grounds for invoking the inherent powers of this Court under Section 482 CrPC have not been made out in the facts of the present case. Accordingly, he does not wish to press his prayer as made in the application.
In view of the above, the relief as sought in the instant application is refused.
At this stage counsel for the applicant makes a submission that the applicant is ready to submit to the jurisdiction of the concerned court, seek bail and accept all the conditions which the court may deem fit to impose upon him. The only prayer made by the learned counsel for the applicant is that the bail application may be heard expeditiously.
Considering the aforesaid alternative prayer made by the learned counsel for the applicant, it is provided that in case the applicant appears and surrenders before the court below within 30 days from today and applies for bail, the bail application of the applicant shall be considered and decided by the concerned court taking into view the settled legal position in this regard.
For a period of 30 days from today or till the date of appearance of the applicant before the court below, whichever is earlier, no coercive action shall be taken against the applicant in the above case.
However, in case the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
The application is disposed of accordingly.
Order Date :- 25.1.2021 Shalini (Dr. Y.K.Srivastava,J.)