Application under Section 482 Cr.P.C. filed to quash proceedings was dismissed as not pressed. Court directed trial court to decide bail expeditiously if applicants surrender within 30 days.
Dismissed prayer for quashing as not pressed. Directed bail to be expeditiously decided if applicants surrender within 30 days.
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 8139 of 2023
Applicant :- Rahul And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
List revised.
Heard Sri Pankaj Kumar Tripathi, learned counsel for the applicants, Sri Raj Kumar Gupta, learned counsel for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants Rahul, Umesh and Shiv Kumar with the prayer to allow this application and quash the cognizance order/summoning order dated 04.01.2018, the charge sheet dated 17.04.2017 as well as entire proceeding of Case No. 5228 of 2018 (State Vs. Rahul and others), arising out of Case Crime No. 38 of 2017, under Section 324 I.P.C., Police Station Mahavan, District Mathura, pending in the court of Chief Judicial Magistrate, Mathura and with further that further proceedings of the aforesaid case be stayed against the applicants, during the pendency of the present application.
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 and staying the further proceedings 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 and staying the further proceedings of the aforesaid case 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 30 days 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.
It it 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.
Order Date :- 3.3.2023 M. ARIF
(Samit Gopal, J.)
Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad
1 provisions across 1 enactments
Rahul and 2 Others
Samit Gopal
Mohammad Arif
As recorded by the court registry
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