Court No. - 65
Case :- APPLICATION U/S 482 No. - 21531 of 2019 Applicant :- Riyazuddin And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohd. Samiuzzaman Khan Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire criminal proceedings of case no. 3735 of 2019, State vs. Riyazuddin and others, arising out of Case Crime No. 353 of 2018, under Sections 147, 323, 504, 506, 308 I.P.C., P.S.- Piparaich, District- Gorakhpur as well as charge sheet dated 02.12.2018 and the cognizance order dated 6.4.2019, pending in the court of Judicial Magistrate III, Gorakhpur.
Heard learned counsel for the applicants and learned A.G.A. Perused the record.
At the very outset, learned counsel for the applicants has not pressed the prayer so far it relates to quashing of the charge sheet and the cognizance order as well as entire proceedings of the case. The only submission made by the applicants' counsel is that the applicants 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 charge sheet and the cognizance order as well as proceedings of the case 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 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 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 :- 29.5.2019 Naresh