Court No. - 64
Case :- APPLICATION U/S 482 No. - 36395 of 2019 Applicant :- Harihar Prasad Tripathi And 3 Others Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Ved Byas Mishra 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 09.08.2016 and summoning order dated 06.03.2019 in Case No. 1186 of 2018 (State Vs. Harihari Tripathi and Others), arising out of Case Crime No. 240 of 2016, under Sections 308 and 427 I.P.C., Police Station- Rampur Karkhana, District- Deoria, pending in the court of Chief Judicial Magistrate, Deoria.
Heard Sri Manishankar Mishra, holding brief of counsel for the applicants as well as learned A.G.A. for the State and perused the record. .
At the very outset learned counsel for the applicants states that he does not want to press the prayer with regard to quashing of the charge-sheet and summoning 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.
In the light of the submissions made by the counsel this application so far as it seeks quashing of the charge-sheet and summoning 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 :- 30.9.2019 P.S.Parihar