Court No. - 64
Case :- APPLICATION U/S 482 No. - 32331 of 2019 Applicant :- Vimal Kumar Mishra Opposite Party :- State Of Up And Another Counsel for Applicant :- Bashisth Narain Pandey 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 summoning order dated 18.5.2019 as well as the entire proceedings of Case No.5186 of 2017 arising out of Case Crime No.913 of 2014, under sections 323, 325, 504, 506 I.P.C., Police Station- Munderwa, District- Basti, pending in the Court of Additional Chief Judicial Magistrate, Court No.9, Basti.
Heard learned counsel for the applicant.
At the very outset learned counsel for the applicant says that he does not want to press the prayer with regard to quashing of the summoning order as well as entire proceedings of the case. Submission is that applicant wants to appear before the court below and get himself bailed out and in that regard some protective direction may be given.
Heard learned A.G.A. and perused the record.
In the light of the submissions made by the counsel this application so far as it seeks quashing of the summoning order as well as entire proceedings of the case, 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 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 :- 22.8.2019 shiv