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Mahesh Chauhan And Others vs State Of Up And Another

High Court Of Judicature at Allahabad|26 April, 2019
Court No. - 65
Case :- APPLICATION U/S 482 No. - 16559 of 2019 Applicant :- Mahesh Chauhan And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Anand Prakash Yadav,Krishna Nand Yadav Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been moved seeking the quashing of Charge sheet dated 16.8.2012 and summoning order dated 21.11.2018 in Case No.3174 of 2012 (State of U.P. vs. Mahesh Chauhan and others), u/s 323, 452, 341 I.P.C., arising out of Case Crime No.757 of 2012, P.S.- Ghughali, District-Maharajganj.
Heard learned counsel for applicants and learned A.G.A. Perused the record.
Counsel for the applicants at the very outset has not pressed the prayer seeking the quashing of the impugned charge sheet as well as summoning order and has submitted that the applicants only 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 the impugned charge sheet as well as summoning order 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-applicants 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- applicants in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is clarified that 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 :- 26.4.2019 M. Kumar
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  • Karuna Nand Bajpayee
  • Anand Prakash Yadav Krishna Nand Yadav