Court No. - 64
Case :- APPLICATION U/S 482 No. - 29479 of 2019 Applicant :- Yogendra Singh And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Bilas Yadav,Ashutosh Kumar Tiwari 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 entire proceedings of Criminal Case No. 2302511 of 2018 (State Vs. Yogendra Singh and Others), arising out of Case Crime No. 36 of 2018, under Sections 147, 323, 504, 506 and 308 I.P.C., Police Station Kaimpiyarganj, District Gorakhpur as well as the impugned cognizance order dated 28.07.2018 in Charge Sheet dated 13.07.2018, pending in the court of Additional Chief Judicial Magistrate-III, Gorakhpur.
Heard learned counsel for the applicants.
At the very outset learned counsel for the applicants says that he does not want to press the prayer with regard to quashing of the entire proceedings as well as cognizance order. 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.
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 entire proceedings and cognizance order, 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 :- 30.7.2019 P.S.Parihar