Application under Section 482 Cr.P.C. seeking quashment of charge-sheet was refused. The court, however, allowed an alternative prayer for bail, offering a 30-day grace period for appearance to avoid coercive action.
Refused quashment; granted 30-day period to appear and apply for bail to avoid coercive action.
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Court No. - 79
Case :- APPLICATION U/S 482 No. - 4971 of 2021
Applicant :- Deelip Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dr. Akhilesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard Sri Dr. Akhilesh Kumar, learned counsel for the applicant, Sri Nikhil Chaturvedi, learned A.G.A for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the impugned charge-sheet No.01 dated 26.06.2019 arising out of case crime no.171 of 2019 under Section 420, 406, 506 IPC Police Station-Hari Parvat, DistrictAgra along with proceedings of criminal case no.42943 of 2019 (State vs. Deelip Sharma and ors) as well as summoning order dated 31.08.2019, pending before the Chief Judicial Magistrate, Agra.
Learned counsel for the applicants, after making submissions to some extent, has fairly submitted that necessary grounds for invoking the inherent powers of this Court under Section 482 Cr.P.C. have not been made out in the facts of the present case. Accordingly, he does not wish to press the principal prayer, as made in the application.
In view of the above, the relief as sought in the instant application, is refused.
At this stage, counsel for the applicants makes a submission that the applicant is ready to submit to the jurisdiction of the concerned court, seek bail and accept all the conditions which this Court may deem fit to impose upon them. The only prayer made by learned counsel for the applicants are for expeditious disposal of their bail application.
Considering the aforesaid alternative prayer made by learned counsel for the applicant, it is provided that in case the applicant appear and surrender before the court below within 30 days from today and apply for bail, the bail application of the applicant shall be considered and decided by the concerned Court taking into view the settled legal position in this regard.
For a period of 30 days from today or till appearance of the applicants before the Court below, 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 the applicant.
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 :- 12.3.2021 C. MANI
2 issues framed by the court
Whether inherent powers under Section 482 Cr.P.C. are exercisable to quash the charge-sheet in the given facts.
Whether the applicant can accept jurisdiction, seek bail, and avoid coercive action by appearing within 30 days.
1 provisions across 1 enactments
Deelip Sharma And Another
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
