The court dismissed the application for quashing criminal proceedings under Section 482 Cr.P.C. Instead, it granted the applicant thirty days to file a bail application before the trial court, directing no coercive action during this period.
Thirty days granted for applicant to move bail application; no coercive action during this period.
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Court No. - 42
Case :- APPLICATION U/S 482 No. - 30771 of 2018
Applicant :- Prem Singh Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Arjun Singh Yadav,Sushil Kumar 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 quashment of the charge-sheet dated 18.3.2017, cognizance order dated 12.4.2017 and the entire proceeding of Case No.315 of 2017 (State vs. Dilip Paswan and others) arising out of Case Crime No.12 of 2017, under Section-147, 153-A, 353 I.P.C. Police Station-Khaga, District-Fatehpur, pending in the court of Judicial MagistrateKhaga Fatehpur.
At the very outset, learned counsel for the applicant 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 applicant appears before the court concerned within 30 days from today and moves 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 2014-Munawwar 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 applicant.
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 :- 5.9.2018 S Rawat
1 issue framed by the court
Whether the applicant should be given time to file a bail application before the trial court instead of quashing the proceedings.
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
Prem Singh
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
