Allahabad High Court
Chatra Pal vs State Of U.P. And Another on 7 October, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- APPLICATION U/S 482 No. - 14953 of 2020 Applicant :- Chatra Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Pandey Counsel for Opposite Party :- G.A. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the applicants and learned A. G. A. for the State.
This application under Section 482 Cr.P.C. has been filed by applicant to quash charge sheet dated 07.08.2017 and all its consequential proceedings in Case Crime No. 0374/2017 (State Vs. Chatra Pal) under Section 3/7 Essential Commodities Act, P.S.-Gajraula, District- Pilibhit pending in the court of Additional Chief JudicialMagistrate-1, Pilibhit.
At the outset it is contended by learned counsel for the applicant that as per instruction received from the applicant, he does not want to press the application on merit. However, learned counsel submits that some time with interim protection may be given to applicant to appear before the court concerned and move his bail application.
Therefore, prayer for quashing the charge sheet and all consequential proceedings in the aforesaid case is refused.
However, considering the present situation due to Covid-19 pandemic and submission made by learned counsel for the applicant, it is directed that in case the applicant appears and surrenders before the court concerned within 30 days from today and applies for bail, the same shall be considered and decided expeditiously by the courts below in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr. L. J. 755 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. However, in case, the applicant does not appear before the court below within the aforesaid period, the trial court will be at liberty to take coercive action in accordance with law.
With the above directions, this application under Section 482 Cr.P.C. is disposed of finally.
Order Date :- 7.10.2020/Sharad/-