Court No. - 64
Case :- APPLICATION U/S 482 No. - 29413 of 2019
Applicant :- Pankaj Mishra And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Uday Bhan Mishra 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 05.06.2018, charge sheet dated 11.10.2017 and subsequent order in Case No. 1972 of 2018 (State Vs. Pankaj Mishra and Others) arising out of Case Crime No. 647 of 2017 under Sections 323, 504 and 506 I.P.C., Police Station- Cholapur, District- Varanasi, pending in the court of A.C.J.M. Court No.1, Varanasi.
Heard learned counsel for the applicants.
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 order dated 05.06.2018, charge-sheet and subsequent order. 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 order dated 05.06.2018, charge-sheet and subsequent order, stands dismissed.
However, 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, if possible, 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 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 :- 30.7.2019 /P.S.Parihar