Allahabad High Court
Lalji vs State Of U.P. And Another on 10 January, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 888 of 2023 Applicant :- Lalji Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
List revised.
Heard Sri Anand Pati Tiwari, learned counsel for the applicant, Sri B.B. Upadhyay, learned counsel for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed by the applicant? Lalji with the following prayers:-
"It is therefore most respectfully prayed that this Hon'ble court may graciously be pleased to quash the entire proceeding of Case No. 1330 of 2021 (State Vs. Lalji and others) as well as Charge-Sheet dated 20.06.2021 bearing Charge-Sheet No. 74 of 2021, arising out of Case Crime No. 51 of 2021, under Section 324, 323, 504, 506 I.P.C., at Police Station-Punch, District-Jhansi, as well as cogniznce order dated 01.09.2021, pending in the Court of Judicial Magistrate, Moth, District-Jhansi.
It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of entire proceeding of Case No. 1330 of 2021 (State Vs. Lalji and others) as well as Charge-Sheet dated 20.06.2021 bearing Charge-Sheet No. 74 of 2021, arising out of Case Crime No. 51 of 2021, under Section 324, 323, 504, 506 I.P.C., at Police Station-Punch, District-Jhansi, as well as cogniznce order dated 01.09.2021, pending in the Court of Judicial Magistrate, Moth, District-Jhansi, otherwise the applicants shall suffer irreparable loss and injury."
At the very outset, learned counsel for the applicant states that the purpose of the applicant would suffice if an order is passed directing the trial court to decide the bail application of the applicant, 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.
Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicant.
In view of the above, the prayer for quashing of charge sheet, cognizance order and the proceedings 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 applicant, it is directed that if the accused-applicant surrenders before the trial court and applies for bail within three 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 applicant in the aforesaid case.
It is clarified that if the accused-applicant do not appear before the court concerned by the said date, the court concerned shall proceed against him in accordance with law.
The present application is disposed of.
(Samit Gopal, J.) Order Date :- 10.1.2023 Gaurav