Court No. - 72
Case :- APPLICATION U/S 482 No. - 16579 of 2021 Applicant :- Pankaj And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Juned Alam,Mohd Hamid Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicants for quashing of the charge sheet dated 17.11.2018, cognizance order dated 14.03.2019 as well as entire the order dated 29.02.2020 passed by the Chief Judicial Magistrate, Etah in Criminal Case No. 1755 of 2019 (State vs Pankaj and others) arising out of Case Crime No. 0539 of 2018, under sections 323, 504, 354-Kha, IPC, police station Kotwali Dehat, district Etah, whereby the discharge application moved on behalf of the applicants has been rejected.
Learned counsel for the applicants after advancing his arguments at some length and putting certain query by the Court, gave up his challenge to the aforesaid impugned charge sheet, cognizance order and order dated 29.02.2020 against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously in accordance with law.
Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and wants to surrender before the concerned court below, he has no objection in granting protection to them for a short period.
Considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within three weeks from today and in case apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below in accordance with law.
For the period of three weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, they shall not be arrested in the above case.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 25.10.2021 Sazia