Court No. - 64
Case :- APPLICATION U/S 482 No. - 32296 of 2019
Applicant :- Rajnish Rai And 3 Ors
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Devendra Kumar Shukla 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 09.01.2016, cognizance order dated 07.04.2018 and N.B.W. order dated 12.07.2019 as well as the entire proceedings of Case No.668 of 2018 arising out of Case Crime No.1367 of 2015, under sections 323, 504, 506, 452, 427 I.P.C., Police Station- Hata, District- Kushingar, pending in the Court of Judicial Magistrate, Kasya, Kushinagar, Heard learned counsel for the applicants.
At the very outset learned counsel for the applicants says that he does not want to press the prayer with regard to quashing of the charge-sheet, cognizance order, N.B.W. order as well as entire proceedings of the case. Submission is that applicants want to appear before the court below and get themselves bailed out and in that regard some protective direction may be given.
Heard learned A.G.A. and perused the record.
In the light of the submissions made by the counsel this application so far as it seeks quashing of the charge-sheet, cognizance order and N.B.W. order as well as entire proceedings of the case, stands dismissed.
However, it is observed that if the bail has not been obtained as yet, the accused may appear before the court below and apply for bail within two weeks from today. The court below shall make an endeavour to decide the bail application, if possible, keeping in view the observations made by the Court in the Full Bench decision of Amrawati and another Vs. State of U.P. 2004 (57) ALR 290 and also in view of the decision given by the Hon'ble Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC).
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 :- 22.8.2019/ shiv