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Harish Chand Gautam And Others vs State Of Up And Another

High Court Of Judicature at Allahabad|08 April, 2019


Court No. - 65
Case :- APPLICATION U/S 482 No. - 13087 of 2019 Applicant :- Harish Chand Gautam And 03 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Dharmendra Kumar Singh 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 charge sheet dated 07.10.2018 arising out of N.C.R. No.116 of 2017, u/s 323, 504 I.P.C., P.S.-Rampur, District-Jaunpur pending in the Court of Additional Chief Judicial Magistrate-IV, Jaunpur.
Heard applicants' counsel and learned AGA. Entire record has been perused.
Counsel for the applicants has not been able to point out any such infirmity in the impugned charge sheet or proceedings under challenge on the basis of which it may be said that they are against the law. There seems to be no abuse of court's process. There is no good ground to interfere in the impugned charge sheet or the proceedings, therefore, the prayer for quashing of the same is refused.
In the alternate, applicant's counsel submits that as it is being desired by the accused-applicants to obtain bail after surrendering in the court below, a protective direction may be issued to the lower court to decide the proposed bail application.
In the totality of 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 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 :- 8.4.2019 M. Kumar
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Harish Chand Gautam And Others vs State Of Up And Another


High Court Of Judicature at Allahabad

08 April, 2019
  • Karuna Nand Bajpayee
  • Dharmendra Kumar Singh