Court No. - 65
Case :- APPLICATION U/S 482 No. - 16523 of 2019 Applicant :- Mohd Sharif And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Phool Singh Yadav 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 Charge sheet No.134 of 2016 dated 02.12.2017, cognizance order dated 12.11.2018 and B.W. dated 29.01.2019 in Case No.128 of 2018 (State vs. Mohd. Sharif and another), arising out of Case Crime No.302 of 2016, u/s 325, 323, 504 I.P.C., P.S.-Sultanpur Ghosh, District-Fatehpur, pending in the court of Additional Chief Judicial Magistrate, Court No.11, Fatehpur.
Heard learned counsel for applicants 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 impugned charge sheet, B.W. as well as cognizance order and has submitted that the applicants only 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 submissions made by the applicants' counsel, the prayer for quashing the impugned charge sheet, B.W. 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-applicants 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 :- 26.4.2019 M. Kumar