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Sarvendra Prasad vs State Of U.P. And Another on 19 August, 2019


?Court No. – 64

Case :- APPLICATION U/S 482 No. – 31759 of 2019

Applicant :- Sarvendra Prasad

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

Counsel for Applicant :- Sukendu Pal Singh

Counsel for Opposite Party :- G.A.

Hon’ble Karuna Nand Bajpayee,J.

This application u/s 482 SectionCr.P.C. has been filed seeking the quashing of impugned order dated 11.07.2019 as well as the entire proceedings of Case No.765 of 2019 (SectionState vs. Sarvendra Prasad) arising out of Case Crime No.0041 of 2019, under Sectionsection 354 I.P.C., Police Station- Noorpur, District- Bijnor, pending in the Court of Civil Judge (Junior Division)/ Judicial Magistrate, Chandpur, District- Bijnor.

Heard learned counsel for the applicant.

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 impugned 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 impugned 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 :- 19.8.2019




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