Court No. - 52
Case :- APPLICATION U/S 482 No. - 21406 of 2019 Applicant :- Ram Prasad Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Virendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Virendra Kumar Yadav for the applicant and the learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed with the prayer to quash the charge-sheet dated 10.8.2018 and cognizance dated 16.2.2019 as well as the entire proceedings of Case No. 366 of 2019 (State Vs. Ram Prasad) arising out of Case Crime No. 570 of 2018, under Sections 419, 420, 406, 504, 506 IPC, P.S. Baragaon, Distt. Varanasi pending in the Court of A.C.J.M. Court No. 5, Varanasi.
A perusal of the FIR as well as statement of the witnesses shows that the FIR discloses the cognizable offence as such there was sufficient material before the Magistrate for taking cognizance. The prayer made in the application is refused.
However, it is observed that in case the applicant surrenders before the court below within 30 days from today and applies for bail, the same shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 and affirmed by Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC). For a period of 30 days from today, no coercive action shall be taken against the applicant.
It is made clear that no further time shall be allowed to the applicant to surrender before the Court below.
With the aforesaid observations, the application stands disposed of.
Order Date :- 29.5.2019 Rahul Dwivedi/-