Court No. - 65
Case :- APPLICATION U/S 482 No. - 9283 of 2019 Applicant :- Kapil Yadav @Kapil Dev Yadav Opposite Party :- State Of Up And Another Counsel for Applicant :- Avnish Prasad Mishra,Santosh Kumar Pandey 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 the order dated 27.8.2016 passed by the Addl. Chief Judicial Magistrate, Bhadohi, Gyanpur as well as the entire proceedings of Criminal Case No. 500 of 2011, State versus Kapildeo and others, arising out of FIR dated 29.1.2011, Case Crime No. 11 of 2011, u/ss 363 and 366 IPC, P.S. Gyanpur, District Sant Ravidas Nagar, Bhadohi at Gyanpur pending in the Court below.
Heard applicant's counsel and learned AGA. Entire record has been perused.
Learned counsel for the applicant at the very outset has not pressed the prayer seeking the quashing of the impugned order and the entire proceedings and has submitted 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 of the impugned order and the entire proceedings 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 for the present 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 :- 29.4.2019 CPP/-