Court No. - 65
Case :- APPLICATION U/S 482 No. - 16710 of 2019 Applicant :- Ritesh Tyagi And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Aseem Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been moved seeking the quashing of entire proceedings pursuant to Charge sheet dated 04.01.2019 on which cognizance taken on 13.02.2019 in Case No.719 of 2018 (State vs. Indra Pal Singh and others), u/s 406, 420, 504, 506 I.P.C., arising out of Case Crime No.2431 of 2018, P.S.-Sihani Gate, District-Ghaziabad, pending in the court of Additional Chief Judicial Magistrate, Court No.3, Ghaziabad.
Shri Sanjay Kumar Yadav, Advocate filed his power today on behalf of opposite party no.2, which is taken on record.
Heard learned counsel for applicants, learned counsel for opposite party no.2 and learned A.G.A.
Perused the record.
Counsel for the applicants at the very outset has not pressed the prayer seeking the quashing of the impugned charge sheet as well as entire proceedings and has submitted that the applicants only want to appear before the court below and get themselves bailed out and in that regard some protective direction may be given.
In view of the submissions made by the applicants' counsel, the prayer for quashing the impugned charge sheet as well as 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-applicants within four 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- applicants in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is clarified that this order has been passed only with regard to the accused on behalf of whom this application u/s 482 Cr.P.C. has been moved in this Court.
With the aforesaid observations this application is finally disposed off.
Order Date :- 26.4.2019 M. Kumar