Application for quashing charge-sheet dismissed. Court grants 30-day reprieve from coercive action provided applicant surrenders and moves for bail expeditiously; requests heard without quashing.
Applicant granted 30 days to surrender, apply for bail, and be heard expeditiously; no coercive action permitted if he appears.
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Court No. - 79
Case :- APPLICATION U/S 482 No. - 20037 of 2020
Applicant :- Kuldeep Opposite Party :- State Of U.P And Another Counsel for Applicant :- Bhanu Prakash Verma,Adarsh Verma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,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 the charge-sheet dated 31.07.2020 and summoning order dated 21.10.2020 passed in Criminal Case No. 833/IX/2020, State v. Kuldeep, pending in the Court of Judicial Magistrate, Mathura, under Section 67-B of I.T. Act and Sections 294, 500, 504, 506, 509 I.P.C., Police Station Surir, District Mathura.
At the very outset 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 as well as summoning order as have been made in the 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 the learned counsel for the applicant is that the hearing of the bail application may be done expeditiously.
In view of the submission made by the learned counsel for the applicant, the prayer, insofar as it relates to seeking quashing of the charge-sheet as well as summoning order, 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 Apex Court.
For a period of 30 days from today or till the appearance of the applicant before the court concerned, whichever is earlier, no coercive action shall be taken against him. 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 of.
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.
Order Date :- 13.1.2021 SKT/-
Kuldeep
Vivek Varma
As recorded by the court registry
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