Rajesh Khanna And Another vs State Of U.P. And Another
2016 Latest Caselaw 5018 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- APPLICATION U/S 482 No. - 21530 of 2016
 

 
Applicant :- Rajesh Khanna And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Mohit Singh
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Raghvendra Kumar, J.

Sri R. K. Verma, Advocate, has filed his Vakalatnama, today on behalf of opposite party no. 2, which is taken on record.

Supplementary affidavit has also been filed by the learned counsel for the applicants, which is taken on record.

Heard learned counsel for the applicants and learned A. G. A. for the State of U.P. and perused the material available on record.

Applicants - Rajesh Khanna and Sachin Khanna have invoked the jurisdiction of this Court under Sections 482 Cr.P.C. with a prayer to quash the entire proceedings of Case No. 968 of 2015, under Sections 147, 323, 504, 506, 447, 452 & 406, I.P.C, Police Station - Majhola, District - Moradabad,, pending in the Court of Chief Judicial Magistrate, Moradabad, and also to quash the impugned Charge Sheet No. 392 dated 10.12.2015, submitted in the aforesaid case and the impugned order dated 10.02.2016, passed by the Chief Judicial Magistrate, as well as to stay the entire proceedings of the aforesaid case.

After arguing at some length, learned counsel for the applicants submits that the applicants does not want to press this application on merits and he confines his prayer only to the extent that necessary direction may be issued to the court below for expeditious disposal of bail.

Learned A.G.A. has no objection to the prayer so made.

I have very carefully examined the submissions advanced by the learned counsel for the applicants and gone through the record. The prayer for quashing the charge sheet is hereby refused.

However, in case the applicants move surrender and bail application before the Courts below within a period of 30 days from today, the same shall be considered and decided expeditiously by the learned Court below bearing in mind the various propositions of law and guidelines laid down by this Court as well as by the Hon'ble Apex Court from time to time through various pronouncements, if possible, on the same day. Till then, no coercive measures shall be taken against the applicants in the above mentioned case. It is also made clear that no further time would be extended for surrender and bail. This order shall not be treated as an implied direction of this Court to grant bail. The bail prayer shall be considered by the Court concerned in accordance with law.

Application/petition stands disposed of with the observations made above.

Order Date :- 09.08.2016.

Vinod.