Court No. - 64
Case :- APPLICATION U/S 482 No. - 36259 of 2019 Applicant :- Lal Bahadur Yadav And 3 Ors Opposite Party :- State Of Up And 3 Ors Counsel for Applicant :- Dinesh Chandra Yadav,Kshitiswar Nath Yadav 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 charge sheet dated 17.1.2017, the cognisance order dated 26.10.2017 passed by the A.C.J.M., Court No.8, Allahabad as well as the entire proceedings of Criminal Case No. 2113 of 2017, State versus Lal Bahadur Yadav and others, arising out of Case Crime No. 650 of 2016, u/ss 323, 504, 506 and 352 I.P.C., P.S. Handia, District Allahabad pending in the Court below.
Heard applicants' counsel and learned A.G.A. Entire record has been perused.
At the very out-set, learned counsel for the applicants states that he does not want to press the prayer seeking the quashing of the charge sheet, the cognizance order and the entire proceedings and has 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 statement made by the applicants' counsel, the prayer for quashing of the charge sheet, the cognizance order and the entire proceedings stands dismissed.
However, it is observed that if the bail has not been obtained as yet, the accused may appear before the court below and apply for bail within three weeks from today. The court below shall make an endeavour to decide the bail application on the same day keeping in view the observations made by the Court in the Full Bench decision of Amrawati and another Vs. State of U.P. 2004 (57) ALR 290 and also in view of the decision given by the Hon'ble Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC).
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.
With the aforesaid observations this application is finally disposed off.
Order Date :- 27.9.2019 CPP/-