Dismissed

Shrawan Yadav @ Pawan Yadav v. State of U.P. and Another

Allahabad HC28 Mar 2019A482/10716/2019

Case brief

AI extract

What is this about?

This judgment dismisses an application to quash a charge-sheet under Section 482 Cr.P.C. The learned Single Judge found no grounds to quash the impugned proceedings but directed the applicant to surrender and apply for bail within 30 days without immediate coercive steps.

What did the court decide?

Application to quash dismissed. Applicant directed to surrender within 30 days and move bail application; no coercive steps for 30 days.

Shrawan Yadav @ Pawan Yadav Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2019)

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 10716 of 2019

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Applicant :- Shrawan Yadav @ Pawan Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kamlesh Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard Sri Kamlesh Kumar Yadav, learned counsel for the applicant and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash impugned charge-sheet no.A-56/2018 dated 2.7.2018 in Case Crime No.0066 of 2018, under Sections 147, 148, 452, 323, 427 & 325 I.P.C. and Section 7 of the Criminal Law Amendment Act, P.S. Sadiyabad, District Ghazipur and cognizance order dated 13.8.2018, which was taken by learned A.C.J.M., Ghazipur.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the said case and the applicant has given general role of beating the family members of the opposite party no.2. He also submits that the applicant is student and only to damage the academic life of the applicant, the charge-sheet has been submitted in the political pressure.

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Learned A.G.A. for the State has opposed the application by submitting that there are specific allegations against the applicant and there is no ground for quashing the charge-sheet dated 2.7.2018.

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I have carefully considered the submissions made by learned counsel for applicant as well as learned AGA for the State. I have also gone through the material available on record.

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Considering the facts and circumstances of the case and submissions made by learned counsel for the applicants, I do not find any ground to quash the order dated 2.7.2018 and the prayer is declined.

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However, the applicant is directed to appear and surrender before the learned court concerned within 30 days from today in the aforementioned case and move an appropriate application for bail. The learned trial court will consider the said application, in accordance with law, as expeditiously as possible. No coercive steps shall be taken against the applicant in the aforesaid case for a period of 30 days or till the application filed by the applicant is decided, whichever is

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earlier. In case, the applicant fails to appear before the court concerned within the aforesaid period, the interim order shall stand vacated.

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With the aforesaid observations, the application under section 482 Cr.P.C. stands disposed of.

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Order Date :- 28.3.2019 SKD

Shrawan Yadav @ Pawan Yadav v. State of U.P. and Another

Case brief

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Shrawan Yadav @ Pawan Yadav v. State of U.P. and Another

Case brief

What is this about?

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What the court decided

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