Court No. - 49
Case :- APPLICATION U/S 482 No. - 46653 of 2018 Applicant :- Rohit Tiwari Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashish Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the applicant and the learned A.G.A.
This application is filed by the applicant for quashing the entire proceeding as well as charge sheet dated 10.11.2009 & Cognizance of order dated 30.11.2009 passed by Special Judge Gangster Act, Varanasi in Special Trial No.444 of 2009 State Vs. Amit and others, arising out of Case Crime no.88 of 2009, under Sections 3(1) U.P. Gangster Act, Police Station G.R.P. Cantt., District Varanasi.
After arguing at some length, learned counsel for applicant submits that grievance of applicant would be sufficiently met in case bail application of applicant is considered expeditiously in accordance with law.
In view thereof, it is provided that if the applicant surrenders before the Court below within three weeks from today and applies for bail, the Court below will consider the same, in accordance with law in view of the observations made in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)].
For a period of three weeks, no coercive steps shall be taken against the applicant.
With the aforesaid, the application is disposed of.
Order Date :- 20.12.2018 Radhika (Vivek Chaudhary, J.)