Court dismissed an application under Section 482 Cr.P.C. seeking quashing of charge sheet and cognizance order. The applicant submitted that necessary ingredients for invoking Section 482 were not made out and sought bail instead.
Application for quashing dismissed; applicant to approach court below for bail.
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 13054 of 2021
Applicant :- Lavlesh Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Pal,Bipin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Shri Vinay Kumar Pal, learned counsel for the applicant and Ms. Rachna Tiwari, learned AGA appearing for the State Opposite party.
The present application under section 482 Cr.P.C. has been filed seeking to quash the charge sheet dated 06.8.2019 as well as cognizance order dated 04.9.2019 in Criminal Case No. 1583 of 2019 (State vs. Lavlesh Kumar Pandey) arising out of Case Crime No. 068 of 2019 under section 354 (Gha) I.P.C., Police Station Manikpur, District Chitrakoot.
Counsel for the applicant after making submissions to some extent fairly submits that the necessary ingredients for invocation of section 482 Cr.P.C. are not made out in the facts of the present case and accordingly, he does not wish to press the reliefs prayed for in the application, which are therefore, not entertained.
Learned counsel for the applicant states that the applicants would submit to the jurisdiction of the court below and seek bail.
In case any such application for bail is moved by the applicant, 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 :- 11.8.2021 Kirti
(Dr. Y.K. Srivastava, J)
1 issue framed by the court
Whether the intrusion of jurisdiction of court below necessary for invoking section 482 Cr.P.C.
1 provisions across 1 enactments
Lavlesh Pandey
State of U.P.
Yogendra Kumar Srivastava
As recorded by the court registry
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