Court dismissed prayer to quash charge-sheet and cognizance order as not pressed. Directed trial court to expeditiously decide bail if applicants surrender within two weeks.
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 4213 of 2023
Applicant :- Rahees Khan @ Patela And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pankaj Sharma,Ganesh Datta Sharma Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
List revised.
Heard Sri Prashant Sharma holding brief of Sri Pankaj Sharma, learned counsel for the applicants, Sri S.B. Maurya, learned counsel for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants-Rahees Khan and Kaluwa @ Bheli with the prayer to quash the charge-sheet dated 18.10.2022 along with cognizance order dated 25.11.2022 passed by Judicial Magistrate, Hathras in Case No.630 of 2022, State Vs. Rahees Khan @ Patela and another, as well as entire proceedings of Case No.630 of 2022, arising out of case crime no.315 of 2021, u/s 379 IPC, P.S. Hathras Junction, Hathras pending in the court of Judicial Magistrate, Hathras.
At the very outset, learned counsel for the applicants states that the purpose of the applicants would suffice if an order is passed directing the trial court to decide the bail application of the applicants, as expeditiously as possible. He further states that although the prayer has been made for quashing of the entire proceedings, charge sheet and cognizance order of the case but he does not press the same.
Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicants.
In view of the above, the prayer for quashing of entire proceedings, charge sheet and cognizance order is dismissed as not pressed.
However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicants, it is directed that if the accused-applicants surrender before the trial court and apply for bail within two weeks from today, the same shall be considered and decided expeditiously in
accordance with law.
Till the aforesaid period, no coercive action shall be taken against the applicants in the aforesaid case.
It is clarified that if the accused-applicants do not appear before the court concerned by the said date, the court concerned shall proceed against them in accordance with law.
The present application is disposed of.
(Samit Gopal, J.)
Order Date :- 22.2.2023 Gaurav
Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad
Rahees Khan @ Patela
Kaluwa @ Bheli
Samit Gopal
As recorded by the court registry
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