Vijayn Nath Alias Vijay Nath ... vs State Of U.P. And Another
2019 Latest Caselaw 5692 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 66
 

 
Case :- APPLICATION U/S 482 No. - 24106 of 2019
 

 
Applicant :- Vijayn Nath Alias Vijay Nath Upadhyay And 3 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Sanjay Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajul Bhargava,J.

Heard learned counsel for the applicants and the learned A.G.A. for the State and perused the record.

The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings including charge sheet no.01 dated 8.12.2016 and the summoning order dated 20.03.2018 in Criminal Case No. 370 of 2018 arising out of Case Crime No.617 of 2016 under Sections 323, 504, 506 and 325 I.P.C., P.S. Siddharth Nagar, District-Siddharth Nagar

At the very out-set learned counsel appearing on behalf of the applicants submits that he does not want to press the principal prayers seeking quashing of the charge sheet and the entire proceedings as have been made in the application nor is inclined to press the prayer seeking stay of the proceedings. He is ready to submit to the jurisdiction of the court, seek bail and accept all the conditions which this Court may deem fit to impose upon him. The only prayer made by the learned counsel for the applicants is that the hearing of the bail application may be done on the same day.

In view of the submission made by the learned counsel for the applicants, the application so far as it relates to seeking quashing of the charge sheet and the entire proceeding and so far as it relates to seeking stay of the proceeding, stands dismissed.

However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

For a period of 30 days from today, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

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

Order Date :- 8.7.2019

MN/-