The court disposed of the Section 482 Cr.P.C. application by directing the court below to expediently consider an application for bail if the applicant surrenders within 45 days.
Direction to consider bail application if applicant appears and surrenders within 45 days, with no coercive action.
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Court No. - 53
Case :- APPLICATION U/S 482 No. - 20061 of 2018
Applicant :- Rahul Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
Although prayer has been made to quash the chargesheet dated 28.4.2006, under Section 3 of Public Property Damages Prevention Act, arising out of Case Crime No.436 of 2005, P.S. Sector 39, Noida, District Gautam Budh Nagar, pending in the court of Additional Chief Judicial Magistrate-I, Gautam Buddh Nagar, but learned counsel for the applicant confines his prayer to a direction upon the court concerned to expeditiously consider the applicant's bail application.
In such circumstances, this application under Section 482 Cr.P.C. stands disposed of with the observation that in case the applicants appear and surrender before the court below within 45 days and no more from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days, no coercive action shall be taken against the applicants.
Order Date :- 14.6.2018 Anil
1 issue framed by the court
Whether the application under Section 482 Cr.P.C. for quashing the chargesheet should be disposed of by a direction regarding bail consideration.
Colour shows how this judgement treated each authority
Amrawati and another vs. State of U.P.Explained¶7
2004 (57) ALR 290 Amrawati and another Vs. State of U.P.
Lal Kamlendra Pratap Singh vs. State of U.P.Explained¶7
2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
2 provisions across 2 enactments
Rahul
State Of U.P.
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ashwani Kumar Mishra
Parties & counsel
