Allahabad High Court
Rakesh B.D.C. @ Raghvendra And Another vs State Of U.P. And Another on 20 January, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 2067 of 2023 Applicant :- Rakesh B.D.C. @ Raghvendra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramanuj Tripathi,Ram Niwas Mishra Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
List revised.
Heard Sri Ramanuj Tripathi, learned counsel for the applicants, Sri B.B. Upadhyay, learned counsel for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants Rakesh B.D.C. @ Raghvendra and Banti@Himanshu Yadav, with the prayer to quash the entire proceedings of Criminal Case No. 771 of 2015, State vs. Jeetu and others, as well as impugned charge sheet dated 23.4.2015, arising out of Case Crime No. 39 of 2015, under Sections 147, 341, 504, 506 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station Akarabad, District Aligarh, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 1, Aligarh and with the further prayer to stay the further proceedings of the aforesaid case as well as impugned charge sheet, during 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 and the proceedings of the case but he does not press the same. He further states that the applicants shall raise all the questions/objections before the trial court.
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/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 two 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.
(Samit Gopal,J.) Order Date :- 20.1.2023 Naresh