Court No. - 69

Case :- APPLICATION U/S 482 No. - 814 of 2023

Applicant :- Deepak Kumar And Another

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Jata Shankar

Counsel for Opposite Party :- G.A.

Hon'ble Samit Gopal,J.

List revised.

Heard Sri Jata Shankar, learned counsel for the applicants, Sri

Raj Kumar Gupta, learned counsel for the State and perused the

record.

This application under Section 482 Cr.P.C. has been filed by the

applicants Deepak Kumar and Suresh Chand, with the prayer to

quash the entire proceeding of Case No. 8048 of 2022, (State

vs. Deepak Kumar and another), arising out of Case Crime No.

834 of 2021, under Sections 504, 506 I.P.C. read with Section

3/4 D.P. Act, Police Station Dadari, District Gautam Budh

Nagar, pending in the court of A.C.J.M. II, Gautam Budh Nagar

together with impugned charge sheet dated 13.12.2021 and

impugned cognizance order dated 02.9.2022 passed by the

learned Magistrate and with the further prayer to stay the

further proceedings of the aforesaid case.

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, cognizance order and the entire proceedings of the case

but he does not press the same.

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/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

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 :- 10.1.2023

Naresh

Digitally signed by :-

NARESH KUMAR

High Court of Judicature at Allahabad