Court No. - 20 Case :- U/S 482/378/407 No. - 303 of 2010 Petitioner :- Shafeeq Khan Respondent :- State Of U.P. And Another Petitioner Counsel :- Mohd. Babar Khan Respondent Counsel :- Govt. Advocate Hon'ble Raj Mani Chauhan,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
material on record.
This application under Section 482 Cr. P .C. has been moved by the accused
applicant for quashing the order dated 7.7.2008, passed by the learned Chief
Judicial Magistrate, Hardoi taking cognizance of the offences on the basis of
charge sheet submitted by the Investigating Officer in case crime No. 399 of
2008, under Section 323, 504, 506 I.P.C. and Section 3(1)X S.C./S.T. Act,
Police Station Pihani, District Hardoi. He has also prayed for quashing the
order of non-bailable warrant dated 3.1.2009 as well as the charge sheet dated
30.5.2008 too including the entire proceedings thereof.
At this stage, learned counsel for the accused applicant instead of pressing this
application on merit, requests that the applicant be allowed three weeks’ time
to appear before the court concerned and both the courts below be directed to
dispose of the application for bail of the applicant on the same day.
In view of the submission of the learned counsel for the applicant, this
application is disposed of finally with the observation that in case the
applicant appears before the court concerned within three weeks from today
and moves any application for bail, the same shall be heard and decided by
both the courts below possibly on the same day in view of the law laid down
by the Full Bench of this Court in Srimati Amrawati and another Vs. State of
U.P. 2004 CBC page 705.
Till then, the execution of non-bailable warrant issued against the accused
applicant will be kept in abeyance.
Order Date :- 27.1.2010
Sanjay