Sita Ram Chauhan and 3 Others v. State of U.P. and Another
Case brief
What is this about?
In this bail and quashing application, the High Court directed the applicants to file a bail application before the trial court within 30 days to forego the quashing prayer. Coercive action was stayed pending compliance with this order.
What did the court decide?
Applicants directed to move bail application in the trial court within 30 days; no coercive action for this period.
What the court decided
Court No. - 42 Case :- APPLICATION U/S 482 No. - 35005 of 2018 Applicant :- Sita Ram Chauhan And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Bachan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants and learned A.G.A. in opposition.
This application under Section 482 Cr.P.C. has been filed for quashment of the entire proceeding in Complaint Case No.191 of 2018, Shashi Kala Vs. Sita Ram Chauhan and others, under Sections 323, 427, 504, 506 I.P.C., Police Station Sarai Lakhansi, District Mau, pending in the court of the Chief Judicial Magistrate, Mau and the summoning order dated 31.07.2018.
At the very outset, learned counsel for the applicants has submitted that 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 .
For a period of thirty days from today, no coercive action shall be taken against the applicants.
Issues for consideration
1 issue framed by the court
Whether the application for quashing proceedings can be disposed of by permitting the applicants to seek bail within the trial court within 30 days.
Parties & counsel
- applicant
Sita Ram Chauhan And 3 Others
Coram
Arvind Kumar Mishra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- A482/35005/2018
Similar cases
Judgements on the same questions, provisions and authorities, from every court