SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Chirkut Vishwakarma vs State Of U.P. And Another on 5 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 64

Case :- APPLICATION U/S 482 No. – 30200 of 2019

Applicant :- Chirkut Vishwakarma

Opposite Party :- State Of U.P. And Another

Counsel for Applicant :- Arvind Kumar Srivastava, Bhaju Ram Prasad Sharma

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 entire proceedings of Case No. 4064 of 2019, SectionState vs. Chirkut Vishwakarma and others, initiated in pursuance of charge sheet dated 2.8.2018 submitted in Case Crime No. 199 of 2018, under Section 354 I.P.C., P.S.- Mehdawal, District- Santkabir Nagar, pending before the C.J.M., Santkabir Nagar.

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 entire proceedings as well as charge sheet 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 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 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 :- 5.8.2019

Naresh

 

 

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation