Counsel for applicant withdrew pleas for quashing charge sheet and stay, offering instead to seek bail. Court dismissed quashing and stay prayers. Directed Court below to consider bail application if applicant surrenders within 45 days.
Quashing and stay prayers dismissed; bail hearing directed to Court below upon surrender within 45 days.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 43599 of 2019
Applicant :- Vishal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing charge-sheet dated 5.3.2009 as well as cognizance order dated 15.04.2009 and order dated 7.12.2015 by which non-bailable warrant has been directed to be issued as well as the entire proceedings of Case No. 976 of 2015, arising out of Case Crime No.94 of 2008 under Sections 419, 420, 467, 468 and 471 I.P.C., P.S. Jalesar, District-Etah, pending in the court of Civil Judge (Senior Division)/Additional Chief Judicial Magistrate,Jalesar, Etah.
At the very out-set learned counsel appearing on behalf of the applicant submits that he does not want to press the principal prayers seeking quashing of the charge sheet and the entire proceedings as have been made in the application nor is inclined to press the prayer seeking stay of the proceedings. He is ready to submit to the jurisdiction of the court, seek bail and accept all the conditions which this Court may deem fit to impose upon him. The only prayer made by the learned counsel for the applicant is that the hearing of the bail application may be done on the same day.
In view of the submission made by the learned counsel for the applicant, the application so far as it relates to seeking quashing of the charge sheet and the entire proceeding and so far as it relates to seeking stay of the proceeding, stands dismissed.
However, it is directed that if the applicant appears and surrenders before the court below within 45 days from today and apply for bail,his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid observations, this application is finally disposed off.
Order Date :- 6.12.2019
MN/-
3 issues framed by the court
Whether to quash the charge sheet and proceeding under Section 482 Cr.P.C.
Whether to grant stay of proceedings.
Whether to direct bail hearing on the same day subject to surrender.
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Referred¶9
Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶9
2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Vishal
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
