Allahabad High Court
Harikesh And 4 Others vs State Of U.P. And Another on 1 September, 2022
Author: Ajai Tyagi
Bench: Ajai Tyagi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 86 Case :- APPLICATION U/S 482 No. - 25888 of 2022 Applicant :- Harikesh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamal Kaushal Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Ajai Tyagi,J.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of charge sheet dated 07.03.221, cognizance/summoning order dated 01.02.2022 as well as the entire proceedings of Case No.269 of 2022 (State Vs. Harikesh and Others), arising out of Case Crime No.561 of 2020, under Sections 147, 148, 452, 323, 324, 427, 506 I.P.C., Police Station Iglass, District Aligarh.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
At the very outset learned counsel for the applicants says that he does not want to press the prayer with regard to quashing of the charge sheet, summoning order and entire proceedings of the case. Submission of the counsel is that requirement of applicants shall be substantially met with, if they are granted a direction to appear before the Court below so that they may obtain their bail and submit to the jurisdiction of the court.
In the light of the submissions made by the counsel this application so far as it seeks quashing of the summoning order as well as entire proceedings of the case, the same stands dismissed.
However, it is observed that if the bail has not been obtained as yet, the accused may appear before the court below and apply for bail. The court below shall make an endeavour to decide the bail application in accordance with law as expeditiously as possible.
It is further clarified that this order has been passed only with regard to the accused on behalf of whom application has been moved in this Court.
With the aforesaid observations this application is finally disposed off.
Order Date :- 1.9.2022 P.S.Parihar