Allahabad High Court
Swarn Singh Jaggi And 2 Others vs State Of Up And Another on 26 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. - 35970 of 2019 Applicant :- Swarn Singh Jaggi And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Devi Prasad Singh,Rajneesh Sharma 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 06.04.2015 and Non Bailable Warrant order dated 20.05.2019 in Case No.1554 of 2015 (State vs. Swarn Singh and others), arising out of Case Crime No.165 of 2014, u/s 342, 323, 504, 506, 379, 34 I.P.C., P.S.-Sahaganj, District-Prayagraj, pending in the court of Additional Chief Judicial Magistrate, Court No.8, Allahabad.
Heard learned counsel for applicants and learned A.G.A.
Perused the record.
Counsel for the applicants at the very outset has not pressed the prayer seeking the quashing of the impugned charge sheet therefore the prayer for quashing the impugned charge sheet stands dismissed.
So far as the prayer for quashing of N.B.W. order is concerned, this Court does not see any illegality, impropriety and incorrectness in the same and also there seem to be no abuse of court's process. There is no good ground to interfere in the same, therefore, the prayer for quashing of the impugned order is refused.
Applicants' counsel submits that as it is being desired by the accused-applicants to obtain bail after surrendering in the court below, a protective direction may be issued to the lower court to decide the proposed bail application.
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-applicants 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-applicants in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is made clear that if this order is not availed by the accused-applicants within stipulated period of time, no time extension application shall be entertained.
It is further clarified that the present 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 :- 26.9.2019 M. Kumar