Court No. - 64
Case :- APPLICATION U/S 482 No. - 32844 of 2019 Applicant :- Raj Kishor And 4 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Kumar Singh 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 charge sheet dated 22.7.2019 and the cognizance order dated 27.7.2019 passed by the Addl. Chief Judicial Magistrate, Kasiya, Kushi Nagar in Case No.3085 of 2019, State versus Raj Kishor and others, arising out of Case Crime No. 288 of 2019, u/ss 147, 325, 323, 452 504, 506 and 308 IPC, P.S. Kasiya, District Kushi Nagar pending in the Court below.
Heard applicants' counsel and learned A.G.A. Entire record has been perused.
At the very out-set, learned counsel for the applicants states that he does not want to press the prayer seeking the quashing of the charge sheet and the cognizance order 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 statement made by the applicants' counsel, the prayer for quashing of the charge sheet and the cognizance order 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 three 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 :- 30.9.2019 CPP/-