Court No. - 64
Case :- APPLICATION U/S 482 No. - 36152 of 2019
Applicant :- Menhadi Hasan And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Amit Mishra 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 07.11.2018 and cognizance order dated 17.07.2019 as well as the entire proceedings of Case No. 307 of 2019 (State Vs. Mehandi Hasan and Others) arising out of Case Crime No. 560 of 2018, under Sections 323, 324, 504, 506 and 452 I.P.C., Police Station- Collector Bookganj (C.B. Ganj), District Bareilly, pending in the court of Additional Chief Judicial Magistrate, Court No.4, Bareilly.
Heard learned counsel for the applicants as well as learned A.G.A. and perused the record. .
At the very outset learned counsel for the applicants says that he does not want to press the prayer with regard to quashing of the charge-sheet and cognizance order as well as the entire proceedings. 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 and cognizance order as well as 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.
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 :- 27.9.2019 P.S.Parihar