Court No. - 15
Case :- APPLICATION U/S 482 No. - 43062 of 2018 Applicant :- Rahimuddin Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Sri Jai Shankar Mishra, Advocate has filed vakalatnama filed on behalf of opposite party No. 2 is taken on record.
Heard learned counsel for the applicant and learned counsel for the opposite party No. 2 and AGA for the State.
This application under Section 482 of the Code of Criminal Procedure (in short 'Cr.P.C.') has been filed on behalf of the applicant with a prayer to quash the charge-sheet dated 01.09.2018 in case crime No. 0513 of 2018 under Section 147, 148, 149, 452, 307, 323 IPC., Police Station Hapur Nagar, District Hapur and to quash entire proceedings in the aforesaid case.
Per contra, learned A.G.A. opposed the prayer made and submissions thereof advanced by learned counsel for the applicant and contended that the trial court was justified in passing the impugned order.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicant.
However, it is directed that in case the applicant appears and surrenders before the court below and applies for bail, his prayer for bail shall be considered and decided on merit by a reasoned and speaking order expeditiously, strictly in accordance with law.
For a period of 60 days from today, no coercive action shall be taken against the applicant.
With the aforesaid observations/directions, the instant application stands disposed of.
Order Date :- 30.11.2018 C. MANI