Court directed applicants to move bail or discharge applications within 30 days instead of granting quashment. Coercive action stayed during the period. Application disposed of with conditional directions.
30-day stay on coercive action; conditional directions to move bail or discharge applications.
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Court No. - 42
Case :- APPLICATION U/S 482 No. - 31309 of 2018
Applicant :- Shiv Shakti Singh And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Arun Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
eard learned counsel for the applicants and learned A.G.A. in opposition.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceeding of Case No.38 of 2018 in pursuance of the charge sheet no.01 of 2017 in Case Crime No.803 of 2016, under Sections 323, 504 and 506 IPC, Police StationJalaun, District- Jalaun, pending in the court of Judicial magistrate, Jalaun.
At the very outset, learned counsel for the applicants wish to move bail application before the trial court and relinquish the prayer for quashment.
Learned AGA has no objection.
Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicants appear before the court concerned within 30 days from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines / observations given in the judgment and order dated 3.7.2014 passed by this Court in Application U/S 482 Cr.P.C. No. 21679 of 2014-Munawwar and 9 others Vs. State of U.P. and another .
In case, the applicants move an appropriate application for discharge before the court
concerned within the aforesaid period, the same shall be considered and disposed of by the court concerned in accordance with law.
For a period of thirty days from today, no coercive action shall be taken against the applicants.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 12.9.2018 Raj
3 issues framed by the court
Whether the Section 482 Cr.P.C. application seeking quashment should be granted instead of directing bail.
Whether coercive action can be restrained against the applicants for a limited period.
Whether the applicants are directed to move alternative bail or discharge applications.
Colour shows how this judgement treated each authority
Munawwar and 9 others Vs. State of U.P.Referred¶9
Application U/S 482 Cr.P.C. No. 21679 of 2014-Munawwar and 9 others Vs. State of U.P. and another
Shiv Shakti Singh and 3 Ors
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
