Court No. - 25
Case :- APPLICATION U/S 482 No. - 30340 of 2018 Applicant :- Dasharath Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Virendra Kumar Srivastava,Rajesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Sri Amit Kumar Tiwari Advocate has filed his Vakalatnama today on behalf of the first informant, which is taken on record.
Heard Sri Virendra Kumar Srivastava, learned counsel for the applicant, Sri Ghanshyam, learned A.G.A. for the State of U.P., Sri Amit Kumar Tiwari, learned counsel appearing for first informant and perused the record.
This application under Section 482 Cr.P.C. has been filed seeking quashing the entire proceeding of charge sheet dated 13.03.2018 including cognizance order dated 18.04.2018 in S.S.T. No. 301 of 2018, arising out of under Sections 147, 148, 149, 323, 504, 506 and 427, Police Station Nibohara, District Agra, (State vs. Devesh and others) pending in the Court of Special Judge (SC/ST).
Learned counsel for the applicant contends that the applicant is belongs to Schedule Caste, as such, no offence is made out against him under the SC/ST Act.
After arguing the matter up to some length, learned counsel for the applicant confines his prayer to the extent that the applicant intends to surrender before the courts concerned and move bail application as well as discharge application and appropriate directions may be issued for expeditious disposal of the same.
Learned A.G.A. and learned counsel for the first informant have clarified that no charge sheet has been filed against the applicant for the offence punishable under the SC/ST Act. However they have no objection in grant of above request of learned counsel for the applicant for the direction of expeditious disposal of bail and discharge application.
In view of above, it is provided that if the applicant surrenders before the courts below within four weeks' from today, and applies for bail, his application for bail shall be considered and decided by the courts below expeditiously in accordance with law.
Till the aforesaid period of four weeks, no coercive measures shall be taken against the applicant in the aforesaid case.
In case, applicant fails to surrender before the Courts below, within the stipulated period of four weeks, he will not get benefit of this order.
It is further provided that the applicant may also move discharge application at appropriate Stage, and in case such application is filed, same shall be heard and decided, after hearing the parties, in accordance with law, by means of a reasoned and speaking order.
With above directions this application stands disposed of. Order Date :- 13.9.2018 Monika