Allahabad High Court
Ajay Kumar @ Ajay And Another vs State Of U.P. And Another on 2 February, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 2356 of 2023 Applicant :- Ajay Kumar @ Ajay And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Misra Counsel for Opposite Party :- G.A.,Gaurang Kulshreshtha,Madan Mohan Hon'ble Samit Gopal,J.
List revised.
Heard Sri Sunil Kumar Misra, learned counsel for the applicants, Ms. Arti Agarwal, learned counsel for the State and perused the record.
Sri Gaurang Kulshreshtha and Sri Madan Mohan, learned counsels for the opposite party no.2 are not present despite the matter being revised list. Although their names are printed in the cause list but vakalatnama to the same are not on record.
Office is directed to trace out the same and place it on record and make a note in the order sheet.
This application under Section 482 Cr.P.C. has been filed by the applicants Ajay Kumar @ Ajay and Sobhit Kumar with the prayer to quash the entire proceeding of Case No. 1257 of 2022 (State Vs. Ajay Kumar and others) in Case Crime No. 74 of 2021, under Section 420 I.P.C. and Section 15 the U.P. Sugarcane (Supply and Purchase) Act, 1953 and Rule 22 U.P. Sugarcane (Supply and Purchase) Regulations, 1954 Sub Section 6(1)(A) U.P. Sugarcane (Control) Order, 1966, Police Station Kundarki, District Moradabad, pending in the court of Chief Judicial Magistrate, Moradabad as well as cognizance order dated 24.01.2022 and also entire proceeding proceeding of charge sheet dated 09.03.2021 and with further that further proceedings of the aforesaid case be stayed against the applicants, during the pendency of the present application.
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 and staying the further 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 applicants.
In view of the above, the prayer for quashing and staying the further proceedings of the aforesaid case 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 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 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.
Order Date :- 2.2.2023 M. ARIF (Samit Gopal, J.)