Court No. - 64
Case :- APPLICATION U/S 482 No. - 32758 of 2019 Applicant :- Rakesh Gaur And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sharad Saran Srivastava 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 26.07.2018 and cognizance order dated 17.10.2018 as well as the entire proceedings of Case No. 507 of 2018 (State Vs. Rakesh Gaur and Others), arising out of Case Crime No. 185 of 2018, under Sections 452, 384, 504 and 506 I.P.C., Police Station- Khair, District- Aligarh, pending in the court of Civil Judge, (J.D.)/Judicial Magistrate, Khair, Aligarh.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record. .
At the very outset learned counsel for the applicants states that he does not want to press the prayer with regard to quashing of the charge-sheet and cognizance order as well as the entire proceedings. 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.
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 as well as 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 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