Court No. - 65
Case :- APPLICATION U/S 482 No. - 17004 of 2019 Applicant :- Mohammad Ali @ Ali Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohammad Khalid Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been moved seeking the quashing of entire proceedings pending in the court of learned Chief Judicial Magistrate-7th, Allahabad in Case No.1159 of 2019 (State vs. Tipu and others), u/s 307, 504, 506 I.P.C., in pursuance of charge sheet dated 01.03.2019 on which cognizance has been taken vide order dated 01.4.2019.
Heard learned counsel for applicant and learned A.G.A. Perused the record.
Counsel for the applicants at the very outset has not pressed the prayer seeking the quashing of the entire proceedings and has submitted that the applicant only 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 the impugned 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-applicant within four 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- applicants in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is 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 :- 29.4.2019 M. Kumar