Applicant Virendra Yadav filed an application under Section 482 Cr.P.C. to quash proceedings. The court dismissed the quashment prayer and directed the applicant to move a bail application within 30 days.
Direction to applicant to move bail application within 30 days; no coercive action granted during this period.
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Court No. - 42
Case :- APPLICATION U/S 482 No. - 35032 of 2018
Applicant :- Virendra Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashwani Kumar Pathak 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 to quash the entire proceeding of Complaint Case No.1271 of 2015, under Sections 323, 504, 506, 392 IPC, Surendra Vs. Virendra Yadav, P.S. Khajani, District Gorkhpur, arising out of summoning order dated 5.7.2016, pending in the court of Judicial Magistate III, district Gorakhpur.
At the very outset, learned counsel for the applicant wishes 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 applicant.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 4.10.2018 Raj
1 issue framed by the court
Whether the proceedings under Sections 323, 504, 506, 392 IPC should be quashed under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Munawwar and 9 others Vs. State of U.P. and anotherReferred¶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
Virendra Yadav
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
