The High Court disposed of an application under Section 482 Cr.P.C. for quashing a charge-sheet by granting a thirty-day moratorium on coercive action, conditional upon the applicants filing a bail application before the trial court within that period.
No coercive action to be taken for 30 days, conditional on filing a bail application.
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Court No. - 42
Case :- APPLICATION U/S 482 No. - 30768 of 2018
Applicant :- Ajay Yadav And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Shish Ram Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. in opposition.
This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 19.3.2018 filed in Case Crime No.0005 of 2018 under Sections 323, 504 I.P.C. and 3 (2) (va) SC/ST Act, P.S.-Shadiyabad, DistrictGhazipur.
At the very outset, learned counsel for the applicants has submitted that the applicant wish to move bail application before the trial court and relinquish the prayer for quashment.
Learned AGA has no objection.
Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicants appear before the court concerned within 30 days from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines / observations given in the judgment and order dated 3.7.2014 passed by this Court in Application U/S 482 Cr.P.C. No. 21679 of 2014Munawwar and 9 others Vs. State of U.P. and another .
For a period of thirty days from today, no coercive action shall be taken against the applicants.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of .
Order Date :- 6.9.2018 S Rawat
1 issue framed by the court
Whether the application under Section 482 Cr.P.C. for quashing charge-sheet can be disposed of by directing the applicants to move a bail application within 30 days.
Colour shows how this judgement treated each authority
Munawwar and 9 others Vs. State of U.P.Referred¶9
Application U/S 482 Cr.P.C. No. 21679 of 2014 Munawwar and 9 others Vs. State of U.P. and another
1 provisions across 1 enactments
Ajay Yadav And 3 Others
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
