Court No. - 65
Case :- APPLICATION U/S 482 No. - 16756 of 2019 Applicant :- Gyanendra Tiwari Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- B.D. Shukla Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Sri Sunil Kumar Singh, Advocate has filed power on behalf of the opposite party no. 2 today in Court, which has been taken on record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet submitted in Case Crime No. 212 of 2017, State vs. Sanjeev, under Sections 420, 467, 468, 471, 504, 506, 427, 448 I.P.C., P.S.- Bidhnoo, District- Kanpur Nagar, pending in the court of A.C.M.M. IIIrd, Kanpur Nagar.
Heard learned counsel for the applicant as well as learned counsel for the opposite party no. 2 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 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 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 four 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 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 :- 26.4.2019 Naresh