Court No. - 65
Case :- APPLICATION U/S 482 No. - 21527 of 2019 Applicant :- Harendra And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rakesh Kumar Srivastava 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 Charge sheet dated 14.01.2019, summoning order dated 29.03.2019 as well as entire proceedings in Case No.166 of 2019, arising out of Case Crime No.361 of 2018, u/s 452, 323, 325, 308, 506 I.P.C., P.S.-Rabupura, District-Gautam Budh Nagar, pending in the court of Judicial Magistrate, Jewar, Gautam Budh Nagar.
Heard learned counsel for applicants and learned A.G.A. Perused the record.
Counsel for the applicants at the very outset has not pressed the prayer seeking the quashing of the impugned charge sheet, summoning order 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.
In view of the submissions made by the applicants' counsel, the prayer for quashing the impugned charge sheet, summoning order 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 may appear before the court below and apply for bail within four 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-applicants 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 :- 29.5.2019 M. Kumar