Ramesh Sonkar and 7 Others v. State of U.P. and Another

Court No. - 90 Case :- APPLICATION U/S 482 No. - 12873 of 2019 Applicant :- Ramesh Sonkar And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Kumar Khare,Shaloo Singh Counsel for Opposite Party :- G.A.,Anil Kumar Singh,Pradeep Kumar,Prakash Sharma Hon'ble Dinesh Pathak,J.

¶1Heard learned counsel for the applicants, learned counsel for Opposite Party No. 2, learned AGA and perused the record.

¶2The present applicants have invoked inherent jurisdiction of this Court to quash the charge sheet dated 19.4.2018 as well as cognizance order dated 10.12.2018 passed by the learned Chief Judicial Magistrate, Jaunpur in Case No. 2300 of 2018 arising out of Case Crime No. 33 of 2018 (State Vs. Ramesh Sonkar and others), under Sections 147, 504, 506, 427, 148, 149, 323 IPC, Police Station Sarai Khwaza, District Jaunpur.

¶3After due deliberation at length and without pressing on the merits of the case, learned counsel for the applicants has urged to grant an interim protection to the present applicants so that they may appear before the court concerned and participate in the trial proceeding. It is further submitted that the present applicants have never intended to ignore the criminal proceedings. It has been pointed out that in similar matter, this Court has granted protection to the co-accused in Application under Section 482 CrPC No. 7858 of 2019.

¶4In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present application, without making any observation on the merits of the case as mentioned in the present application, with a direction that, in case, the present applicants surrender/appear before court concerned and file bail application within a period of two weeks from today, the same shall be considered and decided by the concerned court below within a period of two weeks thereafter.

¶5For a period of four weeks or till the decision on the bail application, whichever is earlier, no coercive action shall be taken against the present applicants in the aforesaid matter.

¶6With the aforesaid direction, present writ petition is disposed of. Order Date :- 20.11.2023 vinay High Court of Judicature at Allahabad