Court No. - 64
Case :- APPLICATION U/S 482 No. - 29597 of 2019 Applicant :- Bhim Sen Opposite Party :- State Of Up And Another Counsel for Applicant :- Harish Chandra Gupta,Shivendra Kumar Gupta 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 9.12.2017, the cognizance order dated 5.2.2018, NBW order dated 27.5.2019 passed by the court below as well as the entire proceedings of Criminal Case No. 140 of 2018, State versus Bhim Sen, arising out of Case Crime No. 0143 of 2017, u/s 406 IPC, P.S. Mohabbatpur Painsa, District Kaushambi pending in the Court Judicial Magistrate, Kaushambi.
Heard applicant's counsel and learned AGA. Entire record has been perused.
Learned counsel for the applicant at the very outset has not pressed the prayer seeking the quashing of the charge sheet, the cognizance order, the NBW order and the entire proceedings and has submitted that the applicant wants to appear before the court below and get himself bailed out and in that regard some protective direction may be given.
In view of the submissions made by the applicant's counsel, the prayer for quashing of the charge sheet, the cognizance order, the NBW 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 :- 30.7.2019 CPP/-