Court No. - 64
Case :- APPLICATION U/S 482 No. - 36042 of 2019
Applicant :- Uday Singh And Another Opposite Party :- State Of UP And 2 Others Counsel for Applicant :- Vaibhav Kohli 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 17.09.2014, cognizance order order 15.11.2014 and bailable warrant dated 05.08.2015 as well as the entire proceedings of Case No. 3074 of 2018, arising out of Case Crime No. 503 of 2014, under Sections 147, 148, 452, 324, 504 and 506 I.P.C., Police Station- Gangoh, District- Saharanpur, pending in the court of Civil Judge (S.D)/Fast Track Court, Saharanpur.
Heard learned counsel for the applicants and learned A.G.A. Perused the record.
At the very outset, learned counsel for the applicant has not pressed the prayer so far it relates to quashing of the charge sheet and cognizance order as well as entire proceedings of the case. In view of the submissions made by the applicants' counsel, the prayer for quashing the charge sheet and cognizance order as well as entire proceedings of the case stands dismissed.
So far as the prayer seeking quashing of the bailable warrant dated 05.08.2015 issued against the applicants is concerned, the Court does not see any illegality, impropriety and incorrectness in the impugned order under challenge and also there seem to be no abuse of court's process. There is no good ground to interfere in the same, therefore, the prayer for quashing of the impugned bailable warrant order is refused.
Learned counsel for the applicants submits 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.
However, it is observed that if the bail has not been obtained as yet, the accused may appear before the court below and apply for bail within three weeks from today. The court below shall make an endeavour to decide the bail application, keeping in view the observations made by the Court in the Full Bench decision of Amrawati and another Vs. State of U.P. 2004 (57) ALR 290 and also in view of the decision given by the Hon'ble Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC).
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