Kuber Nath Singh vs State Of U P And Another

Court No. - 64

Case :- APPLICATION U/S 482 No. - 30323 of 2019 Applicant :- Kuber Nath Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anjani Kumar Raghuvanshi 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 charge sheet dated 28.03.2009 and bailable warrant dated 29.06.2016 as well as the entire proceedings of Case No. 728 of 2010 (State of U.P. Vs. Kuber Nath Singh), arising out of Case Crime No. 187 of 2007, under Section 406 I.P.C., Police Station- Rasra, District- Ballia, pending in the court of learned Additional Chief Judicial Magistrate-Ist, Ballia.

Heard learned counsel for the applicant.

At the very outset learned counsel for the applicant says that he does not want to press the prayer with regard to quashing of the charge-sheet and bailable warrant dated 29.06.2016 as well as the entire proceedings. 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 charge-sheet and bailable warrant dated 29.06.2016 as well as 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 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 :- 6.8.2019 P.S.Parihar/Naresh