Court No. - 72
Case :- APPLICATION U/S 482 No. - 9963 of 2021 Applicant :- Ramsharan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State/opposite party no.1, and perused the record with the assistance of learned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicants for quashing of the charge sheet dated 29.12.2018 and cognizance order dated 15.11.2019 passed by the Judicial Magistrate, Chhata, Mathura in Criminal Case No. 436 /IX of 2019, under Sections 452 and 323 IPC, police station Kosikalan, district Mathura.
At the outset, learned counsel for the applicants submits that applicant No. 1, Ramsharan has already been enlarged on bail and applicant No. 1 does not want to press the application.
Learned counsel for the applicants after advancing his arguments at some length and putting certain query by the Court, gave up his challenge to the aforesaid impugned charge-sheet and cognizance order against the applicants No. 2 and 3 Naresh and Mohan and confined his submission requesting to grant some protection to the applicants No. 2 and 3 Naresh and Mohan to surrender before the concerned court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicants No. 2 and 3 Naresh and Mohan expeditiously in accordance with law.
Learned A.G.A. for the State of U.P. submits that in case the applicants No. 2 and 3 Naresh and Mohan are not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection in granting protection to them for a short period.
Considering the aforesaid alternative prayer made by learned counsel for the applicants No. 2 and 3, namely, Naresh and Mohan it is directed that the applicants No. 2 and 3, Naresh and Mohan shall surrender before the concerned court below within three weeks from today and in case apply for bail, the bail application of the applicants No. 2 and 3 Naresh and Mohan shall be disposed of expeditiously by the courts below in accordance with law.
For the period of three weeks from today or till the time of surrender of the applicants No. 2 and 3, Naresh and Mohan before the concerned court below, whichever is earlier, they shall not be arrested in the above case.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 29.10.2021/Sumaira