Court No. - 64
Case :- APPLICATION U/S 482 No. - 31054 of 2019 Applicant :- Gaurav And Another Opposite Party :- State Of UP And Another Counsel for Applicant :- Abhishek Gupta 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 order dated 06.06.2019 passed by A.C.J.M.-IIIrd, Gautam Budh Nagar in discharge application dated 15.04.2019, under Section 227 Cr.P.C. in Case Crime No. 294 of 2018, under Sections 147, 148, 149, 323, 307, 506, 325 and 504 I.P.C., Police Station- Rabupura, District- Gautam Budh Nagar, pending in the court of IIIrd Additional Chief Judicial Magistrate, Gautam Budh Nagar.
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 order dated 06.06.2019. 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 order dated 06.06.2019, 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 :- 26.8.2019 P.S.Parihar