Court No. - 69
Case :- APPLICATION U/S 482 No. - 36463 of 2019
Applicant :- Gyaneshwar @ Deepak Dwivedi
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Jai Shanker Misra, Vijai Shanker Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin, J.
The present application has been filed by the applicant under Section 482 Cr.P.C. with the prayer to quash the entire proceedings of Charge-sheet dated 18.09.2011, including the entire criminal proceedings of Case No. 18/2011, arising out of Case Crime No. 412/2010, under Sections 147, 148, 353, 332, 336, 341, 308, 323, 504, 506, 427, 379 I.P.C and 7 Criminal Law Amendment Act and 135 Representation of the People Act, 1951, Police Station - Pateherwa, District - Kushi Nagar, pending in the Court of Judicial Magistrate, Kasya/Kushi Nagar. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicant and the learned A.G.A appearing for the State.
It is submitted by the learned counsel for the applicant that applicant is not named in the F.I.R. During the investigation one injured - Gyaneshwar @ Deepakdhar Dwivedi stated that applicant is one of the instigator. The charge-sheet against the accused persons was laid on 09.12.2010 and when the applicant won the election of Member of Zila Parishad, then he has been charge-sheeted on 18.09.2011.
Learned A.G.A for the State opposed the submission of learned counsel for the applicant and has submitted that after investigation charge-sheet has been filed against the applicant under Sections 147, 148, 353, 332, 336, 341, 308, 323, 504, 506, 427, 379 I.P.C and 7 Criminal Law Amendment Act and 135 Representation of the People Act, 1951, on 26.09.2011 and cognizance has also been taken by the Chief Judicial Magistrate concerned. He further submits that it appears that the relevant order has not been filed by the applicant.
Considering the submission of learned counsel for the parties and filing charge-sheet against the applicant after investigation, no case for quashing of the charge-sheet is made out, however, in the facts and circumstances of the case, it appears appropriate that in case the applicant surrenders before the court below and applies for bail within 30 days from today 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. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today, no coercive action shall be taken/given effect to against the applicant.
It is made clear that no further time will be allowed to the applicant to surrender before the court concerned.
With the above observations, the application stands disposed of. Order Date :- 30.09.2019.
Vinod.