Allahabad High Court
Pawan Kumar @ Pankaj Rajpoot vs State Of U.P. And Another on 19 January, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 639 of 2023 Applicant :- Pawan Kumar @ Pankaj Rajpoot Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajeev Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
List revised.
Heard Sri Rajeev Upadhyay, learned counsel for the applicant, 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 applicant Pawan Kumar @ Pankaj Rajpoot with the prayer to quash the charge sheet dated 09.8.2022, cognizance order dated 14.09.2022 and entire proceeding of Case No. 362 of 2022 (State vs. Pawan Kumar@Pankaj Rajpoot and others), arising out of Case Crime No. 136 of 2022, under Section 332 I.P.C., Police Station Rajepur, District Farrukhabad, pending in the court of Judicial Magistrate (Hawali), Farrukhabad, and with further prayer to stay the further proceedings of aforesaid case during pendency of the present case.
At the very outset, learned counsel for the applicant states that the purpose of the applicant would suffice if an order is passed directing the trial court to decide the bail application of the applicant, as expeditiously as possible. He further states that although the prayer has been made for quashing of the charge sheet, cognizance order and the entire proceedings of the case but he does not press the same. He further states that the applicant shall raise all the questions before the trial court.
Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicant.
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 applicant, it is directed that if the accused-applicant surrenders before the trial court and applies for bail within four 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 applicant.
It it clarified that if the accused-applicant does not appear before the court concerned by the said date, the court concerned shall proceed against him in accordance with law.
The present application is disposed of.
(Samit Gopal,J.) Order Date :- 19.1.2023 Naresh