Allahabad High Court
Kamlesh Chandra Kesharwani And 2 Ors vs State Of U.P. And Another on 23 July, 2019
Author: Karuna Nand Bajpayee
Bench: Karuna Nand Bajpayee
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- APPLICATION U/S 482 No. - 28292 of 2019 Applicant :- Kamlesh Chandra Kesharwani And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pradeep Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of charge sheet dated 13.06.2013 as well as the entire proceedings of Case Crime No. 148 of 2013, under Sections 308, 325, 323, 504 I.P.C., Police Station- Pipri, District- Kaushambi.
Heard learned counsel for the applicants.
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. Submission is that applicants want to appear before the court below and get themselves bailed out and in that regard some protective direction may be given.
Heard learned A.G.A. and perused the record.
In the light of the submissions made by the counsel this application so far as it seeks quashing of the charge-sheet, stands dismissed.
However, in view of the peculiar facts and circumstances of the case, it is directed that in case after surrendering in the court below an application for bail is moved on behalf of the accused within two weeks from today, the same shall be considered and decided in accordance with law.
In the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
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 :- 23.7.2019 P.S.Parihar