Allahabad High Court
Vinod Ram @ Vinod And 9 Others vs State Of U.P. And Another on 14 November, 2019
Author: Karuna Nand Bajpayee
Bench: Karuna Nand Bajpayee
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- APPLICATION U/S 482 No. - 40129 of 2019 Applicant :- Vinod Ram @ Vinod And 9 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anwar Ali 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 23.02.2019 and cognizance order dated 02.09.2019 as well as the entire proceedings of Case No.1046 of 2019 (State Vs. Vinod Ram and others) arising out of Case Crime No.08 of 2019, under sections 147, 323, 324, 504, 506, 452, 325 I.P.C., Police Station- Rasra, District- Ballia, pending in the Court of Additional Chief Judicial Magistrate-I, Ballia.
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, cognizance order as well as entire proceedings of the case. Submission of the counsel is that requirement of applicants shall be substantially met with, if they are granted a protective direction to appear before the Court below so that they may obtain their bail and submit to the jurisdiction of the court.
Heard learned A.G.A. and perused the record.
In the light of the submissions made by the counsel the prayer so far as it seeks quashing of the charge-sheet, cognizance order as well as entire proceedings of the case, the same stands dismissed.
However, it is observed that if the bail has not been obtained as yet, the accused may appear before the court below and apply for bail within three weeks from today. The court below shall make an endeavour to decide the bail application, if possible, keeping in view the observations made by the Court in the Full Bench decision of Amrawati and another Vs. State of U.P. 2004 (57) ALR 290 and also in view of the decision given by the Hon'ble Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC).
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 :- 14.11.2019 shiv