Court No. - 31
Case :- APPLICATION U/S 482 No. - 36594 of 2018 Applicant :- Gaffar Khan Opposite Party :- State Of Up And Another Counsel for Applicant :- Avinash Singh Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Vijay Lakshmi,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State. Perused the records.
The applicant, by means of this application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with prayer to quash the charge-sheet dated 19.1.2018, entire proceedings of Case No.83/IX/18, (State Vs. Gaffar Khan), under Section 135 of Indian Electricity (Amendment) Act 2003, P.S. Kotwali Nagar, District-Banda, pending in the Court of Special Judge (E.C. Act), Banda, as well as the cognizance order dated 20.4.2018.
Learned counsel for the applicant has submitted that the applicant wants to surrender before the court concerned however, he has requested for sometime for the said purpose.
Accordingly, the prayer for quashing the charge-sheet, proceedings of the above mentioned case and the cognizance order dated 20.4.2018 is refused.
Keeping in view the facts and circumstances of the case, a time of 30 days is granted to the applicant to surrender before the court concerned and to apply for bail. If the applicant surrenders before the court concerned within the aforesaid period and applies for bail, the court below is directed to dispose of his bail application expeditiously in accordance with law.
For a period of 30 days from today, which shall not be extended any further, no coercive action shall be taken against the applicant, in the above mentioned case.
With the aforesaid directions this application is finally disposed of.
Order Date:-27.10.2018 SB