Dismissed

Goli Alias Akash and 2 Others v. State of U.P.and Another

Allahabad HC1 Feb 2019A482/3909/2019

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AI extract

What is this about?

The single judge dismissed the application under Section 482 Cr.P.C. seeking quashing of the charge sheet and cognizance order, finding no infirmity. However, the court granted a two-month reprieve from coercive action if the applicants surrender for bail.

What did the court decide?

Prayer for quash dismissed; no coercive action against applicants for two months if they surrender and apply for bail.

Goli Alias Akash and 2 Others Vs State of U.P.and Another — Bail and Remand | Allahabad HC (2019)

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Court No. - 50 Case :- APPLICATION U/S 482 No. - 3909 of 2019 Applicant :- Goli Alias Akash And 2 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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This case has been assigned by Hon'ble the Chief Justice vide order dated 31.1.2019.

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Heard learned counsel for the applicants and the learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet dated 15.8.2018 as well as cognizance order dated 15.10.2018 in Criminal Case No. 240 of 2018 (State Vs. Goli @ Akash and others) arising out of Case Crime No. 196 of 2018, under Sections 323, 308, 458, 354(Ka), 506 IPC & 7/8 POCSO Act, Police Station Rohta, District Meerut, pending in the court of Additional District & Sessions Judge/POCSO Act, Meerut and to stay the entire proceeding of the case.

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Learned counsel for the applicants submitted that impugned order passed is illegal, arbitrary, perverse and without evidence.

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Learned AGA opposed and submitted that the impugned order is passed after considering whole evidence on record and is just and legal.

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From the perusal of record, it transpires that after investigation, charge sheet has been submitted and cognizance was taken against the applicants.

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Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, the Court is of the view that no case is made out to interfere with the impugned order. There is no infirmity or illegality in the said order. The prayer made in the application is refused.

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However, it is observed that in case the applicants surrender and apply for bail within two months from today, the same shall be considered and decided in view of the settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR 290 and affirmed by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (3) ADJ 322 (SC). For a period of two months from today, no coercive action shall be taken against the applicants.

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It is made clear that no further time shall be allowed to the applicants to surrender before the court concerned.

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With the above observations, the application stands disposed of.

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Order Date :- 1.2.2019 A. Singh

Goli Alias Akash and 2 Others v. State of U.P.and Another

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Goli Alias Akash and 2 Others v. State of U.P.and Another

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