Court No. - 52
Case :- APPLICATION U/S 482 No. - 21386 of 2019 Applicant :- Gayasuddin Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Akhilesh Kumar Mishra for the applicant and AGA for the State and perused the record.
This application under Section 482 CrPC has been filed with the prayer to quash the entire proceeding of Criminal Case No. 359 of 2016 (State vs. Gayasuddin), arising out of Case Crime No. 1016 of 2015, u/s 188 I.P.C., P.S. Khalilabad, district Sant Kabir Nagar and charge sheet dated 20.10.2015, submitted in the aforesaid case and order dated 4.3.2017, issuing non-bailable warrant against the applicant.
In substance, allegation made in the F.I.R. is that on 3.10.2015, under the orders of Executive Magistrate, notification u/s 144 Cr.P.C. was issued, but the applicant had come along with a revolver to the office of Election Officer. Police after investigation has submitted charge sheet in this case on 20.10.2015. There was sufficient material before the Magistrate to take cognizance in the matter, as such, the proceeding of Criminal Case No. 359 of 2016 (State vs. Gayasuddin), arising out of Case Crime No. 1016 of 2015, is not liable to be quashed.
However, it is observed that in case the applicant surrenders before the court below within one month from today and applies for bail, the same shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 and affirmed by Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC).
For a period of one month from today, order dated 4.3.2017 shall be kept in abeyance.
With the aforesaid observations, the application stands disposed of. Order Date :- 29.5.2019 Jaideep/-