Court No. - 64
Case :- APPLICATION U/S 482 No. - 35739 of 2019 Applicant :- Irfan Opposite Party :- State Of Up And Another Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Special Case No. 97-P of 2018, State vs. Rafiq and another, arising out of Case Crime No. 981 of 2018, under Sections 323, 504, 506, 452 I.P.C., P.S.-Auraiya, District Auraiya, pending in the court of Additional District Judge -I, Auraiya including the charge sheet dated 22.11.2018 submitted in the aforesaid case crime as well as the cognizance order dated 11.12.2018 passed by the Additional District Judge-I, Auraiya.
Heard Sri Sachidanand Prajapati, Advocate holding brief of learned counsel for the applicant and learned A.G.A.
Perused the record.
At the very outset, learned counsel for the applicant has not pressed the prayer so far it relates to quashing of the charge sheet and the cognizance order as well as the entire proceedings of the case. The only submission made by the applicant's counsel is that the applicant wants to appear before the court below and get himself bailed out and in that regard some protective direction may be given.
In view of the submissions made by the applicant's counsel, the prayer for quashing the charge sheet and the cognizance order as well as the entire proceedings of the case 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 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 :- 25.9.2019 Naresh