Allahabad High Court
Ajay Kumar And 3 Others vs State Of U.P. And Another on 23 February, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 4623 of 2023 Applicant :- Ajay Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
List revised.
Heard Sri A.K. Shukla, 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-Ajay Kumar, Chandbibi, Asraf and Abid with the prayer to quash the Charge Sheet dated 20.6.2017, u/s 420, 467, 468, 471 IPC, P.S. Kairana, District Shamli in case no.2410 of 2017 (State Vs. Ajay Kumar and others), arising out of Case Crime No.902 of 2016 and cognizance order dated 17.7.2017 passed by A.C.J.M., Shamli and further to stay the further proceedings of aforesaid case during the pendency of the present application before this Hon'ble Court.
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 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 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 :- 23.2.2023 Gaurav