Court No. - 64
Case :- APPLICATION U/S 482 No. - 29470 of 2019 Applicant :- Dayaram And 2 Others Opposite Party :- State Of UP And 2 Others Counsel for Applicant :- Jitendra Kumar Chakraborty 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 No.177 of 2016 dated 13.09.2016, cognizance order dated 21.10.2016, summoning order dated 31.08.2018, non-bailable warrant dated 01.07.2019 as well as entire criminal proceedings in Case No.4 of 2016 (New No.3299 of 2019) (State Vs. Dayaram and Others), arising out of Case Crime No. 1527 of 2016, under Section 452, 323 and 504 I.P.C., Police Station- Katra, District- Shahjahanpur, pending in the court of Civil Judge (J.D.), Tilhar, District Shahjahanpur.
Heard learned counsel for the applicants.
At the very outset learned counsel for the applicants says that he does not want to press the prayer with regard to quashing of the Charge Sheet No.177 of 2016 dated 13.09.2016, cognizance order dated 21.10.2016, summoning order dated 31.08.2018, non-bailable warrant dated 01.07.2019 as well as entire criminal proceedings. Submission is that applicants want to appear before the court below and get themselves bailed out and in that regard some protective direction may be given.
Heard learned A.G.A. and perused the record.
In the light of the submissions made by the counsel this application so far as it seeks quashing of the Charge Sheet No.177 of 2016 dated 13.09.2016, cognizance order dated 21.10.2016, summoning order dated 31.08.2018, non-bailable warrant dated 01.07.2019 as well as entire criminal 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 this order has been passed only with regard to the accused on behalf of whom application has been moved in this Court.
With the aforesaid observations this application is finally disposed off.
Order Date :- 30.7.2019 P.S.Parihar