Court No. - 65
Case :- APPLICATION U/S 482 No. - 15270 of 2019 Applicant :- Narendra Kumar And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vikas Srivastava,Ravi Pandey 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 order dated 03.11.2018 passed by Judicial Magistrate Court No.III, Aligarh in Criminal Case No.866 of 2018 (State vs. Narendra Kumar and others) arising out of Case Crime No.144 of 2018 and order dated 30.03.2019 passed by Additional Session Judge/ Special Judge (E.C. Act), Court No.4, Aligarh in Criminal Revision No.489 of 2018, under sections 147, 149, 323, 336, 504, 325, 307 I.P.C., P.S.- Lodha, District Aligarh, pending in the Court of Additional Chief Judicial Magistrate, Court No.6, Aligarh.
Heard learned counsel for the applicants and learned counsel for opposite party no.2.
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 impugned orders. 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.
Heard learned A.G.A. and perused the record.
In the light of the submissions made by the counsel this application so far as it seeks quashing of the impugned orders, 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 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 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 :- 25.4.2019/ shiv