Court No. - 64
Case :- APPLICATION U/S 482 No. - 32809 of 2019 Applicant :- Nirmal Kumar And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajit Kumar,Jitendra Kumar Shishodia 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 13.08.2016, summoning order dated 18.04.2019, order dated 30.08.2016 and non bailable warrant dated 28.01.2018 as well as the entire proceedings of Case No. 1211 of 2016, arising out of Case Crime No. 3 of 2016, under Sections 419, 420, 467, 468, 471, 120-B and 380 I.P.C., Police Station- Mutthiganj, District- Allahabad.
Heard learned counsel for the applicants and learned A.G.A. Perused the record.
At the very outset, learned counsel for the applicants has not pressed the prayer so far it relates to quashing of the charge sheet, summoning order and order dated 30.08.2016 as well as entire proceedings of the case. In view of the submissions made by the applicants' counsel, the prayer for quashing the charge sheet as well as entire proceedings of the case stands dismissed.
So far as the prayer seeking quashing of the non bailable warrant dated 28.01.2018 issued against the applicants is concerned, the Court does not see any illegality, impropriety and incorrectness in the impugned order under challenge and also there seem to be no abuse of court's process. There is no good ground to interfere in the same, therefore, the prayer for quashing of the impugned non bailable warrant order is refused.
Learned counsel for the applicants submits that the applicants want to appear before the court below and get themselves bailed out and in that regard some protective direction may be given.
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 two 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 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 :- 27.9.2019 P.S.Parihar