Court No. - 64
Case :- APPLICATION U/S 482 No. - 28558 of 2019 Applicant :- Subhash And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Deepak Rana 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 order dated 8.5.2006 passed by the court below as well as the entire proceedings of Case No. 4181 of 2010, State versus Subhash and others, arising out of Case Crime No. 190 of 2004, u/ss 420, 379 and 411 IPC, P.S. 49- Sector Noida, District Gautam Budh Nagar pending in the Court of Addl. Chief Judicial Magistrate, Gautam Budh Nagar.
Heard applicants' counsel and learned AGA. Entire record has been perused.
Learned counsel for the applicants at the very outset has not pressed the prayer seeking the quashing of the aforesaid order dated 8.5.2006 and the entire proceedings and has submitted 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 of the aforesaid order dated 8.5.2006 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 two 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 :- 25.7.2019 CPP/-