Court No. - 64
Case :- APPLICATION U/S 482 No. - 36149 of 2019 Applicant :- Santosh Dubey And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Vijay Kumar Dubey 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 charge sheet dated 25.09.2018 and cognizance order dated 14.03.2019 as well as the entire proceedings of Case No. 1109 of 2019 (State Vs. Santosh Dubey and Another) arising out of Case Crime No. 466 of 2018, under Sections 406 and 506 I.P.C., Police Station- Dhanghata, District- Sant Kabir Nagar, pending in the court of Chief Judicial Magistrate, Sant Kabir Nagar.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record. .
At the very outset learned counsel for the applicants states that he does not want to press the prayer with regard to quashing of the charge-sheet and cognizance order as well as the entire proceedings. Submission is that applicants want to appear before the court below and get themselves bailed out and in that regard some protective direction may be given.
In the light of the submissions made by the counsel this application so far as it seeks quashing of the charge-sheet and cognizance order as well as 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 this order has been passed only with regard to the accused on behalf of whom application has been moved in this Court.
With the aforesaid observations this application is finally disposed off.
Order Date :- 27.9.2019 P.S.Parihar