Allahabad High Court
Ashif Ali Khan vs State Of U.P. And Another on 22 August, 2019
Author: Karuna Nand Bajpayee
Bench: Karuna Nand Bajpayee
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- APPLICATION U/S 482 No. - 32039 of 2019 Applicant :- Ashif Ali Khan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ved Prakash Pandey Counsel for Opposite Party :- G.A. Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of the charge sheet dated 28.9.2012 and the NBW order dated 27.3.2017 passed by the Chief Judicial Magistrate, Shahjahanpur arising out of Case Crime No. 289 of 2012, under Sections 420, 467, 468 and 471 IPC, P.S. Sadar Bazar, District Shahjahanpur.
Heard applicant's counsel and learned AGA.
Entire record has been perused.
At the very out-set, learned counsel for the applicant states that he does not want to press the prayer seeking the quashing of the charge sheet and the aforesaid NBW order dated 27.3.2017 and has submitted that the applicant wants to appear before the court below and get himself bailed out and in that regard some protective direction may be given.
In view of the statement made by the applicant's counsel, the prayer for quashing of the charge sheet and the NBW order dated 27.3.2017 stands dismissed.
However, in view of the peculiar facts and circumstances of the case, it is directed that in case after surrendering in the court below an application for bail is moved on behalf of the accused within three weeks from today, the same shall be considered and decided in accordance with law.
In the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is further clarified that for the present this order has been passed only with regard to the accused on behalf of whom this application u/s 482 Cr.P.C. has been moved in this Court.
With the aforesaid observations, this application is finally disposed off.
Order Date :- 22.8.2019 CPP/-