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Pyare Lal Nishad And Ors vs State Of U P And Anr

High Court Of Judicature at Allahabad|25 July, 2019
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JUDGMENT / ORDER

Court No. - 64
Case :- APPLICATION U/S 482 No. - 22571 of 2019 Applicant :- Pyare Lal Nishad And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Rajendra Prasad Shukla 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 order dated 28.5.2019 passed by the Chief Judicial Magistrate, Jaunpur in proceeding under Section 323 Cr.P.C. in which the applicants have been summoned under Section 436 IPC in Case No. 2913 of 2016, State versus Pyare Lal and others, arising out of Case Crime No. 81 of 2001, under Sections 436, 504, 506 and 429 IPC, P.S. Sarai Khwaja, District Jaunpur.
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 order dated 28.5.2019 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 order dated 28.5.2019 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 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 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 :- 25.7.2019 CPP/-
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Title

Pyare Lal Nishad And Ors vs State Of U P And Anr

Court

High Court Of Judicature at Allahabad

JudgmentDate
25 July, 2019
Judges
  • Karuna Nand Bajpayee
Advocates
  • Rajendra Prasad Shukla