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Aakil vs State Of Up And Another on 11 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 64

Case :- APPLICATION U/S 482 No. – 33181 of 2019

Applicant :- Aakil

Opposite Party :- State Of Up And Another

Counsel for Applicant :- Sunil Kumar Tiwari

Counsel for Opposite Party :- G.A.

Hon’ble Karuna Nand Bajpayee,J.

This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet dated 16.7.2018 and the cognizance order dated 3.10.2018 in Criminal Case No. 648 of 2018, arising out of Case Crime No. 154 of 2018, under Section 354 I.P.C., P.S.- Mawana, District- Meerut, pending before the J.M., Mawana, Meerut.

Heard learned counsel for the applicant 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 the cognizance order of the case. The only submission made by the applicant’s counsel is that the applicant wants to appear before the court below and get himself bailed out and in that regard some protective direction may be given.

In view of the submissions made by the applicant’s counsel, the prayer for quashing the charge sheet as well as the cognizance order 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 clarified that this order has been passed only with regard to the accused on behalf of whom this application u/s 482 SectionCr.P.C. has been moved in this Court.

With the aforesaid observations, this application is finally disposed off.

Order Date :- 11.9.2019

Naresh

 

 

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