Court No. - 65
Case :- APPLICATION U/S 482 No. - 21725 of 2019 Applicant :- Omdev And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pawankumar Dubey 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 the charge sheet dated 14.8.2018, the cognisance order dated 7.3.2019 passed by the Chief Judicial Magistrate, Shahjahanpur as well as the entire proceedings of Case No. 1023 of 2019, State versus Omdev and others, arising out of Case Crime No. 404 of 2018, u/ss 147, 324 and 308 IPC, P.S. Kotwali, District Shahjahanpur pending in the Court of Chief Judicial Magistrate, Shahjahanpur.
Heard applicants' counsel and learned AGA. Entire record has been perused.
Learned counsel for the applicants at the very outset has not pressed the prayer seeking the quashing of the charge sheet, the cognisance order and the entire proceedings and has submitted 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.
In view of the submissions made by the applicants' counsel, the prayer for quashing of the charge sheet,the cognisance order and the entire 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 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 for the present 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 :- 30.5.2019 CPP/-