Court No. - 66
Case :- APPLICATION U/S 482 No. - 42829 of 2019
Applicant :- Pankaj Kumar Field Officer
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Chhavi Kant Vashistha,Mahesh Kumar Kuntal
Counsel for Opposite Party :- G.A.,Anil Kumar
Hon'ble Rajul Bhargava,J.
Sri Anil Kumar Shukla, Advocate has filed vakalatnama on behalf of opposite party no.2, which is taken on record.
Heard learned counsel for the parties as well as learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the Charge-sheet No.1 of 2019 dated 20.8.2019 in Case No.2725 of 2019 (State vs. Pankaj Kumar), under Section 376 I.P.C., P.S. Hathras Gate, District- Hathras, pending in the court of Chief Judicial Magistrate, Hathras.
At the very out-set, learned counsel appearing on behalf of the applicant submits that he does not want to press the principal prayer seeking quashing of the charge sheet as has been made in the application nor is inclined to press the prayer seeking stay of the proceedings. He is ready to submit to the jurisdiction of the court, seek bail and accept all the conditions which this Court may deem fit to impose upon him. The only prayer made by the learned counsel for the applicant is that the hearing of the bail application may be done on the same day.
In view of the submission made by the learned counsel for the applicant, the application so far as it relates to seeking quashing of the charge sheet and so far as it relates to seeking stay of the proceeding, stands dismissed.
However, it is directed that if the applicant appears and surrenders before the court below within 30 days from today and apply for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days from today, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid observations, this application is finally disposed of.
Order Date :- 28.11.2019/ Vikas