Court No. - 64
Case :- APPLICATION U/S 482 No. - 32240 of 2019 Applicant :- Gabbar @ Bablu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shekhar Gangal Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet no. 773 of 2017, dated 17.12.2017 as well as the entire proceedings of Criminal Case No. 2019 of 2018, State vs. Gabbar@Bablu, arising out of Case Crime No. 908 of 2017, under Sections 452, 323, 324, 325, 427, 504, 506 I.P.C., P.S.- Delhi Gate, District- Aligarh as well as the cognizance order dated 25.5.2018 passed by the A.C.J.M., Court No. 9, Aligarh.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
At the very outset, learned counsel for the applicant has not pressed the prayer so far it relates to quashing of the charge sheet and the cognizance order as well as entire proceedings of the case. The only submission made by the applicant's counsel is 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 the charge sheet and the cognizance order as well as proceedings of the case 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 three 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 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 :- 22.8.2019 Naresh