Court No. - 64
Case :- APPLICATION U/S 482 No. - 36087 of 2019 Applicant :- Shajid And 7 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Awadhesh Kumar Mishra 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 Charge sheet dated 09.09.2017, cognizance order dated 30.03.2019 as well as entire proceeding in criminal Case No.465 of 2019 (State vs. Shajid Hussain and others), arising out of Case Crime No.305 of 2017, u/s 147, 148, 323, 504, 506, 354B I.P.C., P.S.-Kundarki, District-Moradabad, pending in the court of Additional Chief Judicial Magistrate, Court No.5, Moradabad.
Heard learned counsel for applicants 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, cognizance order as well as entire proceeding 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 by this Court.
In view of the submissions made by the applicants' counsel, the prayer for quashing the impugned charge sheet, cognizance order and entire proceeding 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 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-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 :- 27.9.2019 M. Kumar