Court No. - 64
Case :- APPLICATION U/S 482 No. - 28618 of 2019 Applicant :- Rajesh Kumar And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mazhar Shakeel,Archana Agrawal 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 11.2.2019, the cognizance order as well as the entire proceedings of Criminal Case No. 889 of 2019, State versus Rajesh Kumar and others, arising out of Case Crime No. 0213 of 2018, u/ss 147, 332, 353 and 504 IPC, P.S. Gyanpur District Bhadohi pending in the Court of Addl. Chief Judicial Magistrate, Bhadohi Gyanpur.
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 charge sheet, the cognizance order and the entire proceedings 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 charge sheet, the cognizance orde and the entire proceedings 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/-