Court No. - 65
Case :- APPLICATION U/S 482 No. - 21754 of 2019 Applicant :- Krishna Gopal And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amitabh Patel 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 impugned order dated 12.4.2019 passed in Criminal Case No. 1036 of 2017, State vs. Krishna Gopal and another, arising out of Case Crime No. 231 of 2017, under Sections 420, 467 468, 471 I.P.C., P.S.- Karvi Kotwali, district- Chitrakoot by which discharge application moved under Section 239 Cr.P.C. has been dismissed and non bailable warrant dated 08.5.2019 has been issued against the applicants.
Heard learned counsel for the applicants and learned A.G.A. for the State. Perused the record.
Learned counsel for the applicants has not been able to show any illegality, much less than any abuse of court's process which may persuade this Court to interfere in the impugned orders. It seems that keeping in perspective of the case only this order could have possibly been passed by the court below. The proceedings of the case cannot be held at ransom by adopting such lackadaisical attitude and not pursuing the matter in right earnest. There is no good ground to interfere in the same, therefore, the prayer for quashing of the impugned orders is refused.
Learned counsel for the applicant submitted that the applicants want to appear before the court below and get themselves bailed out and in that regard some protective direction may be given.
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 two 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 made clear that if this order is not availed by the accused within stipulated period of time, no time extension application shall be entertained.
It is further 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 :- 30.5.2019 Naresh