Court No. - 64
Case :- APPLICATION U/S 482 No. - 31679 of 2019 Applicant :- Raj Kumar Kushwaha Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Brajesh Nath Rai,Rahul Mishra 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 charge sheet dated 29.01.2017 and cognizance order dated 29.03.2019 as well as the entire proceedings of Case Crime No. 169 of 2016, under Sections 419 and 420 I.P.C., Police Station- Kotwali, District- Varanasi, pending in the court of A.C..J.M.-II, Varanasi.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record. .
At the very outset learned counsel for the applicant states that he does not want to press the prayer with regard to quashing of the charge-sheet as well as cognizance order. Submission is that applicant wants to appear before the court below and get himself bailed out and in that regard some protective direction may be given.
In the light of the submissions made by the counsel this application so far as it seeks quashing of the charge-sheet and 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 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 this order has been passed only with regard to the accused on behalf of whom application has been moved in this Court.
With the aforesaid observations this application is finally disposed off.
Order Date :- 26.9.2019 P.S.Parihar