Allahabad High Court
Omprakash And 12 Others vs State Of U.P. And Another on 21 February, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 3316 of 2023 Applicant :- Omprakash And 12 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Moti Lal,Meera Devi Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
List revised.
Heard Sri Moti Lal, learned counsel for the applicants, Ms. Arti Agarwal, learned counsel for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants- Omprakash, Veeri @ Veer Singh, Netrapal, Pawan, Pradeep, Mohit, Raj Kumar, Arvind, Arun, Lambardar, Prem, Ram Niwas and Naresh with the prayer to allow this application and quash the entire proceeding as well as charge-sheet dated 31.10.2021 in Criminal Case No. 689 of 2022 (State Vs. Harveer) arising out of Case Crime No. 266 of 2021, under Sections 147, 148, 149, 188, 323, 325, 336, 353 I.P.C., Police Station Chhatari, District Bulandshahar pending in the Court of A.C.J. (J.D.), Khurja, District Bulandshahar with a further prayer that 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 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 applicants.
In view of the above, the prayer for quashing of proceedings/cognizance order/charge sheet 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 :- 21.2.2023 AS Rathore (Samit Gopal,J.)