Allahabad High Court
Hriday Narain Shukla vs State Of U.P. And Another on 20 September, 2019
Author: Karuna Nand Bajpayee
Bench: Karuna Nand Bajpayee
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- APPLICATION U/S 482 No. - 34610 of 2019 Applicant :- Hriday Narain Shukla Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Narendra Deo Shukla,Amit Kumar Tiwari,Vivek Shukla Counsel for Opposite Party :- G.A. Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been moved seeking the quashing of Charge sheet dated 16.4.2018, cognizance/summoning order dated 18.5.2018 as well as order dated 11.4.2019 passed by the Chief Judicial Magistrate, Allahabad in Criminal Case No.6372 of 2018 (State vs. Hriday Narain Shukla), arising out of Case Crime No.236 of 2017, u/s 147, 323, 427, 325, 308 I.P.C., P.S.-Civil Lines, District-Allahabad, pending in the court of Chief Judicial Magistrate, Allahabad.
Heard learned counsel for applicant and learned A.G.A.
Perused the record.
Counsel for the applicant at the very outset has not pressed the prayer seeking the quashing of the impugned charge sheet and orders and has submitted that the applicant only wants to appear before the court below and get himself bailed out and in that regard some protective direction may be given by this Court.
In view of the submissions made by the applicant's counsel, the prayer for quashing the impugned charge sheet and orders stands dismissed.
However, in view of the peculiar facts and circumstances of the case, it is directed that in case the applicant appears and surrenders in the court below and moves an application for bail 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-applicant in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is clarified that 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 :- 20.9.2019 M. Kumar