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High Court Of ChhattisgarhMCRCA/536/2017disposed off

Mohd. Mohsin Khan And ANR. v. State Of Chhattisgarh

2017-08-18Hon'Ble Shri Justice Chandra Bhushan Bajpai2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case (A) No.536 of 2017

1. Mohd. Mohsin Khan. S/o Mustkim Khan, Aged About 26 Years R/o Village Semra Police Station Gaurela, Tahsil Pendraroad District Bilaspur Chhattisgarh

2. Imran Khan S/o Mustkin Khan, Aged About 24 Years R/o Village Semra Police Station Gaurela, Tahsil Pendraroad, District Bilaspur Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Gaurela, District Bilaspur Chhattisgarh ---- Respondent For Applicants : Shri Ashok Soni, Advocate For Respondent/State : Shri Sumit Jhawar, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 18.8.2017 At the outset, learned counsel for the applicants would submit that instant MCRCA may be disposed of as withdrawn as the applicants intend to surrender before the concerned Court of Judicial Magistrate First Class having jurisdiction and further intend to file an application under Section 437 of the Cr.P.C. He would further submit that the Court below may be directed to hear the matter and decide the application as early as possible preferably on the same day.

2.

As prayed, the instant MCRCA is disposed of as withdrawn without any appreciation on its merits. It is directed that if the applicants give three days' prior notice to the IO/SHO of PS Police

Station Gaurela, Distt. Bilaspur (CG) in connection with Crime No.80/2017 of the offence under Sections 294, 506, 456, 34 of the Indian Penal Code regarding their surrender before the concerned Judicial Magistrate having jurisdiction and also give three days prior intimation to the concerned Judicial Magistrate having jurisdiction and if the applicants after surrender as per law file an application under Section 437 of the Cr.P.C. after completion of all formalities required under the law by the police and the concerned Judicial Magistrate the said application for release on bail be disposed of as expeditiously as possible preferably on the same day.

3.

The applicants may file a copy of the order before the concerned Court for compliance.

4.

Registrar (Judl.) is also directed to send a copy of the order to the court concerned having jurisdiction through usual and fax mode.

5.

MCRCA is accordingly disposed of.

Sd/- (Chandra Bhushan Bajpai) JUDGE Bini