Court No. - 64
Case :- APPLICATION U/S 482 No. - 35926 of 2019
Applicant :- Rampal
Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- S.M.Faraz I. Kazmi 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 29.07.2019 and cognizance order dated 26.08.2019 in Case No. 1317 of 2019 (State Vs. Rampal and Others), arising out of Case Crime No. 373 of 2019, under Sections 147, 148, 149, 323, 504, 506, 307, 325 and 326 I.P.C., Police Station- Deoband, District- Saharanpur.
Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. .
At the very outset learned counsel for the applicant says that he does not want to press the prayer with regard to quashing of the charge-sheet as well as cognizance order. Submission of the counsel is that applicant has already been released under major offences but certain other Sections have also been added. He wants to appear before the court below and get himself bailed out in added Sections 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, 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 in added Sections within four weeks from today. The court below shall make an endeavour to decide the bail application on the same day, 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 :- 26.9.2019/P.S.Parihar