Court No. - 65
Case :- APPLICATION U/S 482 No. - 16731 of 2019 Applicant :- Brijesh Kumar Umar Vaish @ Brijesh Kumar Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shri Prakash Dwivedi 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 entire proceedings, charge sheet and cognizance order dated 20.04.2018 in Case No.341 of 2018 (State vs. Brijesh), u/s 406 I.P.C., arising out of Case Crime No.13 of 2018, P.S.-Kachhwan, District-Mirzapur, pending in the court of Additional Chief Judicial Magistrate, Mirzapur.
Heard learned counsel for applicant 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 proceedings, charge sheet as well as cognizance order 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.
In view of the submissions made by the applicants' counsel, the prayer for quashing the impugned proceedings, charge sheet as well as cognizance order 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 four 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 :- 26.4.2019 M. Kumar