Allahabad High Court
Dharmendra Pal And 2 Others vs State Of U.P. And Another on 1 July, 2022
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- APPLICATION U/S 482 No. - 18730 of 2022 Applicant :- Dharmendra Pal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeshwar Prasad Sinha Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for the applicants and the learned A.G.A.
By means of this application, the applicants have prayed for quashing the impugned charge-sheet dated 4.9.2016 along with cognizance order passed by Additional Chief Metropolitan Magistrate, IInd, Kanpur Nagar in Criminal Case No.3000677 of 2016, (State Vs. Dharmendra Pal & Others) as well as entire proceedings of Criminal Case No.3000677 of 2016, (State Vs. Dharmendra Pal & Others) arising out of case crime no.649 of 2015, under sections 406, 504 and 506 I.P.C., Police Station-Kalyanpur, District-Kanpur Nagar, pending in the court of Additional Chief Metropolitan Magistrate, IInd Kanpur Nagar.
Learned counsel for the applicants submits that bailable warrants have been issued against the applicants. He further submits that applicants are ready to appear before the learned trial court within one week and for one week the bailable warrants issued against the applicants be kept in abeyance.
Considering the submissions made by learned counsel for the applicants and taking note that applicants are ready to appear before the trial court, bailable warrants issued against the applicants are kept in abeyance for a period of seven days from today.
While rejecting the prayers made in this application, this application is disposed of with the direction that in case the applicants appear and deposit Rs.2500/- before the trial court and file appropriate application, same shall be considered in accordance with law. It is made clear that no further liberty will be granted to the applicants. In case the applicants fail to appear and on account of non-deposit of the aforesaid amount before the trial court within the aforesaid period, coercive measure shall be taken against them for their appearance.
Order Date :- 1.7.2022 SB