Court No. - 64
Case :- APPLICATION U/S 482 No. - 35852 of 2019 Applicant :- Lalman And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Sumer Chaudhary 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 18.11.2016 in Session Trial No. 47 of 2019 in Case Crime No. 0275 of 2015 (State Vs. Lalman and Others) under Section 363 I.P.C. and adding Sections 323 and 364-A I.P.C. in pursuance of the order dated 10.05.2019 passed by Additional Chief Judicial Magistrate, Chitrkoot as well as cognizance order dated 01.02.201, Police Station Raipura District Chitrakoot, pending in the court of Additional District and Session Judge, Court No.04, Chitrakoot.
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, order dated 10.05.2019 as well as cognizance order. 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, order dated 10.05.2019 as well as cognizance order, 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 ten days 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 :- 26.9.2019 P.S.Parihar