Court refused to quash criminal proceedings. Applicant was granted 30 days to appear for bail consideration without coercive action, with strict warning against non-compliance.
Refused quashing; granted 30 days to appear for bail without coercive action; warned against extension prayers.
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Court No. - 79
Case :- APPLICATION U/S 482 No. - 1691 of 2021
Applicant :- Shiv Sahai Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shahroze Khan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant, Ms. Seema Shukla, learned Additional Government Advocate for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the proceedings of Criminal Case No. 2595 of 2020 (State Vs. Shiv Sahai), arising out of Case Crime No. 0057 of 2020, under section 420 IPC and Section 15(3) of Indian Medical Council Act, Police Station Kheshraha, District Siddharth Nagar, pending in the court of Judicial Magistrate, Bansi, Siddharth Nagar as well as the charge sheet dated 19.05.2020.
At the very out-set learned counsel appearing on behalf of the applicant submits that he does not want to press the principal prayers made in this application. 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 learned counsel for the applicant is for expeditious disposal of his bail application.
In view of the submissions made by learned counsel for the applicant, the prayer, so far as it relates to seeking quashing of the proceedings as well as charge sheet, stands refused.
However, it is directed that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided expeditiously in view of the settled law laid down by the Hon'ble Supreme Court.
For a period of 30 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.
It is made clear that no application seeking extension of time shall be entertained if this order is not complied with within the aforesaid period.
With the aforesaid observations and directions, this application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 28.1.2021 Lbm/-
1 issue framed by the court
Whether the application to quash proceedings under Section 482 Cr.P.C. can be maintained given the applicant's readiness to accept jurisdiction and seek bail.
1 provisions across 1 enactments
Shiv Sahai
State of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
