Court No. - 64
Case :- APPLICATION U/S 482 No. - 35668 of 2019 Applicant :- Gatua @ Ved Prakash And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Saroj Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been moved seeking the quashing of impugned charge sheet dated 23.07.2018 as well as entire proceedings in criminal Case No.267 of 2019 (State vs. Sani @ Shailendra), arising out of Case Crime No.105 of 2018, u/s 363, 366 I.P.C., P.S.-Dado, District- Aligarh, pending in the court of Judicial Magistrate-I, Aligarh.
Heard learned counsel for applicants and learned A.G.A. Perused the record.
Counsel for the applicants at the very outset not presses the prayer seeking the quashing of the charge sheet as well as entire proceedings and has submitted that the applicants only want to appear before the court below and get themselves bailed out and in that regard some protective direction may be given by this Court.
In view of the submissions made by the applicants' counsel, the prayer for quashing the charge sheet as well as entire proceedings stands dismissed.
However, in the facts and circumstances of the case, it is observed that if the bail has not been obtained as yet, the accused-applicants 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.
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 :- 25.9.2019 M. Kumar