Dushyant Badauniya vs State Of U.P. And Another
2021 Latest Caselaw 799 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 78
 

 
Case :- APPLICATION U/S 482 No. - 15363 of 2020
 

 
Applicant :- Dushyant Badauniya
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Nanhe Lal Tripathi,Satish Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Heard Shri Nanhe Lal Tripathi, learned counsel for the applicant and learned A.G.A. for the State.

The present application under Section 482 Cr.P.C. has been filed for quashing the impugned charge-sheet dated 13.5.2020 as well as entire proceedings of Case No.590 of 2020 (relating to Case Crime No.0093 of 2020), (State Vs. Dushyant Badauniya), under Sections 353, 505 (2) I.P.C., 3 Epidemic Diseases Act and 54 Disaster Management Act, 2005, Police Station-Mehrauni, District- Lalitpur.

Learned counsel for the applicant on instructions submits that he is not pressing the application on merits and prayed that the applicant is ready to appear before the learned trial court and some protection may be granted to him.

Learned counsel for the State has no objection against the aforesaid prayer.

Accordingly, the prayers made in this application are rejected.

Considering the prevailing situation due to COVID-19 Pandemic and also the undertaking given by applicant, as one time protection for four weeks from today is granted restraining respondents from taking any coercive action against applicant pursuant to aforesaid criminal case and in case the applicant surrenders before the learned trial court and files appropriate application, the same shall be considered in accordance with law, considering the judgment passed by the Hon'ble Supreme Court in Lal Kamlendra Pratap Singh Versus State of UP and Ors reported in 2009 (4) SCC 437.

With the aforesaid directions, the application is disposed of.

Order Date :- 12.1.2021

SB