Allahabad High Court
Vijaypal Singh And 5 Others vs State Of U.P. And Another on 6 April, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- APPLICATION U/S 482 No. - 11742 of 2023 Applicant :- Vijaypal Singh And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sarvajeet Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
List revised.
Heard Sri Sarvajeet Singh, 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 Vijaypal Singh, Sobhit, Goldi@Avinash Choudhary, Netrapal, Rampal, Smt. Sarvesh Kumari, with the prayer to quash the charge sheet dated 24.3.2021 as well as cognizance order dated 14.4.2021 in Case No. 1573 of 2021, State vs. Vijaypal and others, arising out of Case Crime No. 489 of 2020, under Sections 147,148, 149, 354, 323, 324, 325, 308, 452, 506 I.P.C. against the applicants no. 1 to 5 and under Sections 147,148, 149, 323, 324, 325, 308, 452, 506 I.P.C., P.S. Nakhasa, District Sambhal, which is still pending before the Chief Judicial Magistrate, Sambhal at Chandausi against the applicant no. 6 and with the further prayer to stay the further proceedings of the said case as well as cognizance order.
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, cognizance order and the proceedings of the case but he does not press the same. He further states that the applicants shall raise all the questions/objections before the trial court.
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 cognizance order/charge sheet 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.
It it 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 :- 6.4.2023 {Naresh}