Court No. - 64
Case :- APPLICATION U/S 482 No. - 29481 of 2019 Applicant :- Chandra Prakash Tiwari And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Santosh Kumar Tiwari 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 16.12.2018 as well as the entire proceedings arising out of Case Crime No. 244 of 2018, State versus Chandra Prakash Tiwari and others, u/ss 323, 324, 504, 308 and 34 IPC, P.S. Chiluatal, District Gorakhpur pending in the Court of Civil Judge (S.D.)-II, Gorakhpur.
Heard applicants' counsel and learned AGA. Entire record has been perused.
Learned counsel for the applicants at the very outset has not pressed the prayer seeking the quashing of the charge sheet 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 submissions made by the applicants' counsel, the prayer for quashing of the charge sheet and the entire proceedings stands dismissed.
However, it is observed that if the bail has not been obtained as yet, the accused may appear before the court below and apply for bail within two weeks from today. The court below shall make an endeavour to decide the bail application keeping in view the observations made by the Court in the Full Bench decision of Amrawati and another Vs. State of U.P. 2004 (57) ALR 290 and also in view of the decision given by the Hon'ble Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC).
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.
With the aforesaid observations this application is finally disposed off.
Order Date :- 30.7.2019 CPP/-