Court No. - 65
Case :- APPLICATION U/S 482 No. - 9618 of 2019 Applicant :- Hari Lal Chauhan And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Kumar Singh,Bipin Kumar Tripathi 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 5.2.2018 and cognizance order dated 21.8.2018 as well as the entire proceedings of Case No.221 of 2019 (State vs. Hari Lal Chauhan & another) arising out of Case Crime No.232 of 2018, under sections 354, 354-A, 323, 452, 504, 506 I.P.C., Police Station- Tarwa, District- Azamgarh, pending in the Court of Additional Chief Judicial Magistrate, Court No.11, Azamgarh.
Heard Shri Manoj Pandey, Advocate holding brief of Shri Bipin Kumar Tripathi, learned counsel for the applicants.
At the very outset learned counsel for the applicants says that he does not want to press the prayer with regard to quashing of the charge-sheet as well as cognizance order. Submission is that applicants want to appear before the court below and get themselves bailed out and in that regard some protective direction may be given.
Heard learned A.G.A. and perused the record.
In the light of the submissions made by the counsel this application so far as it seeks quashing of the charge-sheet and cognizance order, 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 three 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 application has been moved in this Court.
With the aforesaid observations this application is finally disposed off.
Order Date :- 25.4.2019/ shiv