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Kailash @ Nandu And Another vs State Of U P And Another

High Court Of Judicature at Allahabad|29 April, 2019
Court No. - 65
Case :- APPLICATION U/S 482 No. - 17015 of 2019 Applicant :- Kailash @ Nandu And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bairister Singh Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of the charge sheet dated 6.6.2014, the cognisance order dated 21.7.2017 passed by the court below as well as the entire proceedings of Case No. 1625 of 2017, State versus Vijay Kumar and others, arising out of Case Crime No. 30 of 2014, u/ss 323, 504, 506, 452, 354B IPC, P.S. Manduwadeeh, District Varanasi pending in the Court of Judicial Magistrate, Court No.2, Varanasi.
Heard applicants' counsel and learned AGA. Entire record has been perused.
Learned counsel for the applicants at the very outset has not pressed the prayer seeking the quashing of the charge sheet, the cognisance order and the entire proceedings and has submitted that the applicants want to appear before the court below and get themselves bailed out and in that regard some protective direction may be given.
In view of the submissions made by the applicants' counsel, the prayer for quashing of the charge sheet, the cognisance order and the entire proceedings 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 four 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 for the present this order has been passed only with regard to the accused on behalf of whom this application u/s 482 Cr.P.C. has been moved in this Court.
With the aforesaid observations, this application is finally disposed off.
Order Date :- 29.4.2019 CPP/-
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  • Karuna Nand Bajpayee
  • Bairister Singh