Court No. - 64
Case :- APPLICATION U/S 482 No. - 18469 of 2019 Applicant :- Bhagirathi Yadav And 02 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Brijesh Kumar Yadav Counsel for Opposite Party :- G.A.,Avanish Kumar Srivastava
Hon'ble Karuna Nand Bajpayee,J.
Case called out. Learned counsel for the applicants is present along with learned A.G.A. Learned counsel for the opposite party no. 2 is not present.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Criminal Case No. 392 of 2019, State vs. Bhagirathi Yadav and others, arising out of Case Crime No. 0327 of 2018, under Sections 419, 420, 504, 506, 406 I.P.C., P.S.- Phoolpur, District- Varanasi, pending in the court of learned 8th A.C.J.M., Varanasi as well as the charge sheet no. 1, dated 5.8.2018 and the charge sheet no.2 of 2019, dated 17.2.2019 and the order of cognizance dated 28.3.2019 taken by learned 8th A.C.J.M., Varanasi.
Heard learned counsel for the applicants and learned A.G.A. Perused the record.
Learned counsel for the applicants submitted he does not want to press this application any further so far as it relates to quashing of the entire proceedings and the charge sheet as well as the cognizance order of this case. The only prayer 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 entire proceedings and the charge sheet as well the cognizance order 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 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 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 :- 26.8.2019 Naresh