Allahabad High Court
Yaseen @ Guddu vs State Of U.P. & Anr. on 7 November, 2019
Author: Aniruddha Singh
Bench: Aniruddha Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- U/S 482/378/407 No. - 7893 of 2019 Applicant :- Yaseen @ Guddu Opposite Party :- State Of U.P. & Anr. Counsel for Applicant :- Shailendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Aniruddha Singh,J.
Heard Sri Shailendra Kumar Singh, learned counsel for the petitioner and Sri Sanjay Kumar, learned A.G.A. for the State.
This petition under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet no. 1 of 2019 dated 23.10.2018 submitted against the petitioner in Case Crime No. 216 of 2018, Case no. 6504 of 2019, State Vs. Yaseen @ Duddu arising out of Case Crime No. 216 of 2018, under Sections 323, 354A, 452 I.P.C., Police Station Paraspur, District Gonda along with criminal proceedings of case no. 6506 of 2019, State Vs. Yaseen @ Guddu against the petitioner pending in the court of Judicial Magistrate 1st Gonda.
Learned counsel for the petitioner submitted that impugned order passed is illegal, arbitrary, perverse and without evidence.
Learned AGA opposed and submitted that the impugned order is passed after considering whole evidence on record and is just and legal.
From the perusal of record, it transpires that after investigation, charge sheet has been submitted and cognizance was taken against the petitioner.
Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the petitioner, the Court is of the view that no case is made out to interfere with the impugned order. There is no infirmity or illegality in the said order. The prayer made in the application is refused.
However, it is observed that in case the petitioner surrenders and applies for bail within two months from today, the same shall be considered and decided in view of the settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR 290 and affirmed by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (3) ADJ 322 (SC). For a period of two months from today, no coercive action shall be taken against the petitioner.
It is made clear that no further time shall be allowed to the petitioner to surrender before the court concerned.
With the above observations, the petition stands disposed of finally.
Order Date :- 7.11.2019 OP