Allahabad High Court
Amar Nath Sharma And 2 Others vs State Of U.P. And Another on 4 March, 2020
Author: Rajul Bhargava
Bench: Rajul Bhargava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 66 Case :- APPLICATION U/S 482 No. - 7837 of 2020 Applicant :- Amar Nath Sharma And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prateek Sinha Counsel for Opposite Party :- G.A. Hon'ble Rajul Bhargava,J.
This application U/S 482 Cr.P.C. has been filed seeking quashing of the charge-sheet no. 01/2019 dated 12.6.2019 arising out of Case Crime no. 16/2019 (State vs. Amar Nath Sharma and others) u/s 3(1) U.P. Gangster and Anti Social Activities Act, P.S. Feelkhana, District Kanpur Nagar and cognizance order dated 1.2.2020 passed by Special Judge, Gangster Act, Kanpur Nagar and entire proceeding of Special Criminal Case no. 247 of 2020.
At the very out-set learned counsel appearing on behalf of the applicants submits that he does not want to press the principal prayers seeking quashing of the charge sheet and the entire proceeding as have been made in the application nor is inclined to press the prayer seeking stay of the summoning order and the proceeding. He is ready to submit to the jurisdiction of the court, seek bail and accept all the conditions which this Court may deem fit to impose upon him. The only prayer made by the learned counsel for the applicants is that the hearing of the bail application may be done on the same day.
Heard learned AGA and perused the record.
In view of the submission made by the learned counsel for the applicants the application so far as it relates to seeking quashing of the charge sheet and the entire proceeding and so far as it relates to seeking stay of the proceeding, stands dismissed.
However, it is directed that if the applicants appear and surrender before the court below within 45 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 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 45 days from today, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid observations, this application is finally disposed off.
Order Date :- 4.3.2020 Dhirendra/