In an application under Section 482 Cr.P.C. seeking quashing of proceedings, the applicant counsel voluntarily withdrew the relief, intending to seek bail instead. The court dismissed the application subject to future compliance on bail.
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 12430 of 2021 Applicant :- Yunus And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Mohammad Zakir, learned counsel for the applicants and Sri Arvind Kumar, learned AGA-I appearing for the Stateopposite party.
The present application under Section 482 Cr.P.C. has been filed seeking to quash the cognizance order dated 19.08.2020 and chargesheet dated 09.06.2020 as well as the entire proceedings of Case No.566 of 2020 (State vs. Yunus and Others), arising out of case Crime No.228 of 2020, under sections 147, 452, 323 IPC, Police Station Garhmukteshwar, District Hapur pending before the Chief Judicial Magistrate, Hapur.
Counsel for the applicants, at the very outset, fairly submitted that in view of the legally well settled parameters for invocation of provisions under Section 482 Cr.P.C., he does not wish to press the reliefs, as prayed for, in the application.
The reliefs prayed for in the application, are accordingly not entertained.
Learned counsel states that the applicants would submit to the jurisdiction of the court below and seek bail.
Needless to say that in case any such application for bail is moved by the applicants, the court below would be expected to dispose of the same in accordance with the settled principles of law.
Subject to aforesaid observation the application stands dismissed.
Order Date :- 9.8.2021/Nitendra
(Dr. Y.K. Srivastava, J.)
Yunus And 2 Others
State of U.P.
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
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