Court No. - 52
Case :- APPLICATION U/S 482 No. - 21830 of 2019 Applicant :- Rahul Kumar And 9 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajit Mani Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Ajit Mani Tripathi, for the applicants, and A.G.A. appearing for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 1.9.2017 as well as cognizance oder dated 27.3.2019 and entire proceeding of Criminal Case No.3236 of 2018 (State of U.P. vs. Rahul and others) arising out of Case Crime No.212 of 2017, under Sections 147, 323, 325, 452, 504, 506, I.P.C., P.S. Jhangaha, district Gorakhpur.
It is admitted to the applicants that there are cross cases as such the incident has not been denied. In such circumstances the charge as well as proceeding of the case are not liable to be quashed.
However, it is provided that in case the applicants appear and surrender before the court below within 45 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P reported in 2004(57) ALR 290 as well as judgment passed by the Apex Court, reported in 2009 (3) ADJ 322(SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today or till the disposal of the application for bail, whichever is earlier, no coercive action shall be taken against the applicants. It is made clear that in case the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against him/her.
With the aforesaid directions, this petition is disposed of.
Order Date :- 30.5.2019 mt