Court No. - 64
Case :- APPLICATION U/S 482 No. - 36098 of 2019 Applicant :- Hazi Mukhtyar And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pradeep Kumar Shukla 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 05.06.2019 in Case No. 1109 of 2019, arising out of Case Crime No. 0296 of 2019, under Section 406 I.P.C., Police Station- Faridpur, District- Bareilly, pending in the court of Judicial Magistrate, Faridpur, District Bareilly.
Heard learned 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. 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, 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 :- 27.9.2019 P.S.Parihar