Court No. - 64
Case :- APPLICATION U/S 482 No. - 36189 of 2019 Applicant :- Sainki Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar 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 the charge sheet dated 19.6.2019, the cognizance order dated 29.8.2019 passed by the C.J.M., Hapur as well as the entire proceedings of Criminal Case No. 1721 of 2019, State versus Sainki, arising out of Case Crime No. 243 of 2019, u/ss 363 and 366 IPC, P.S. Hapur Nagar, District Hapur pending in the Court below.
Heard applicant's counsel and learned AGA. Entire record has been perused.
At the very out-set, learned counsel for the applicants states that he does not want to press the prayer seeking the quashing of the charge sheet, the cognizance order and the entire proceedings and has submitted that the applicant wants to appear before the court below and get himself bailed out and in that regard some protective direction may be given.
In view of the statement made by the applicant's counsel, the prayer for quashing of the charge sheet, the cognizance order and the 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 within three 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 further clarified that for the present 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 :- 27.9.2019 CPP/-