Nankey Yadav @ Visun Kumar v. State of U. P Thru Principal Secy. , Home Deptt. ,
2015-05-22
VISHNU CHANDRA GUPTA
body2015
DigiLaw.ai
JUDGMENT Vishnu Chandra Gupta, J. Heard learned counsel for the petitioner and the learned A.G.A. for the State. 2. By means of this petition under Section 482 Cr.P.C., the petitioner, namely, Nankey Yadav @ Visum Kumar has prayed for quashing the charge sheet no. 174 of 2013 dated 20.10.2013 and entire further proceedings of Case No. 685 of 2015 (State Vs. Nankey Yadav @ Visun Kumar), arising out of Case Crime No. 752 of 2013, under Sections 363, 366 I.P.C., Police Station Ikauna, District- Shravasti pending in the court of learned Chief Judicial Magistrate, Shravasti as well as cognizance order dated 24.03.2015 passed by learned Chief Judicial Magistrate, Shravasti in above mentioned case. 3. It has been contended by learned counsel for the petitioner that the petitioner has married with the prosecutrix and a child was born out of wedlock. The charge sheet has been filed under Section 363 , 366 I.P.C. 4. Having considered all the facts and circumstances of the case and without expressing any opinion on the merit, I do not find a reason to quash the proceeding on the very inception of the case. The petition lacks merit. 5. Considered the peculiar and special circumstances of this case, however, it is provided that if the petitioner surrenders before the court below within two weeks from today and moves bail application, the same shall be considered and disposed of expeditiously in accordance with law and also keeping in view the directions contained in the judgment delivered by the Apex Court reported in 2009 (3) ADJ 322 (SC) (Lal Kamlendra Pratap Singh Vs. State of U.P.), in case the accused petitioner has not yet surrendered and applied for bail. 6. For two weeks or till the date of surrender, whichever is earlier, no coercive steps shall be taken against the petitioner. With this observation, the petition is finally disposed of.