Court No. - 65
Case :- APPLICATION U/S 482 No. - 17273 of 2019 Applicant :- Nandu Ahirwar Opposite Party :- State Of Up And Another Counsel for Applicant :- Anil Kumar Verma 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 impugned charge sheet No.380 of 2017 dated 09.10.2017 and cognizance order dated 29.01.2018 in Special Trial No.161 of 2018 (State vs. Nawal Kumar @ Nandu and others), arising out of Case Crime No.328 of 2017, u/s 147, 352, 504, 506 I.P.C., P.S.-Nawabad, District-Jhansi, pending in the court of Special Judge, SC/ST Act, Jhansi and all consequential proceedings of aforesaid case.
Heard learned counsel for applicant and learned A.G.A. Perused the record.
Counsel for the applicants at the very outset not presses the prayer seeking the quashing of the entire proceedings including impugned charge sheet and cognizance order 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 entire proceedings including impugned charge sheet and cognizance order stands dismissed.
However, in the facts and circumstances of the case, 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 four 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 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 :- 30.4.2019 M. Kumar