Application under Section 482 Cr.P.C. for quashing charge-sheet withdrawn. High Court directed expeditious bail hearing if applicants surrender within 30 days and refused extension of time.
Prayer for quashing refused; bail hearing directed to be expedited if applicant surrenders within 30 days; no coercive action during this period.
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Court No. - 79
Case :- APPLICATION U/S 482 No. - 20049 of 2020
Applicant :- Prakash @ Ram And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Virpratap Singh,Rajat Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants 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 impugned charge-sheet No. 85 of 2020, dated 09.05.2020, arising out of Case Crime No. 0011 of 2020, State v. Prakash @ Ram Prakash and others, under Sections 147, 452, 504, 352, 324 I.P.C., Police Station Kurara, District Hamirpur, pending before the Chief Judicial Magistrate, Hamirpur having Case No. 2399 of 2020.
At the very outset learned counsel appearing on behalf of the applicants submits that he does not want to press the principal prayers seeking quashing of the charge-sheet as has been made in the application. They are 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 them. The only prayer made by the learned counsel for the applicants is that the hearing of the bail application may be done expeditiously.
In view of the submission made by the learned counsel for the applicants, the prayer, insofar as it relates to seeking quashing of the charge-sheet, stands refused.
However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their 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 applicants before the court concerned, whichever is earlier, no coercive action shall be taken against them. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
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/-
Prakash @ Ram And 4 Others
Vivek Varma
As recorded by the court registry
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