The court allowed the applicant to substitute a Section 482 Cr.P.C. quashmentApplication with a bail application before the trial court within 30 days, extinguishing coercive action pending compliance.
Fixing 30 days for the applicants to move a bail application before the trial court; stay of coercive action during this period.
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Court No. - 15
Case :- APPLICATION U/S 482 No. - 4459 of 2018
Applicant :- Vikas Pal And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ruchita Jain 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 bailable warrant dated 24.01.2018 passed against the applicant no.2 as well as the summoning order dated 08.01.2018 passed by Additional Chief Judicial Magistrate/Additional Civil Judge (Senior Division), Jhansi against the applicants in Case No.188 of 2018 (State vs. Satyendra Singh and others) and the charge- sheet dated 29.12.2017 submitted in case crime no.418 of 2017, under Sections 452, 323, 506 IPC (arises out of FIR dated 29.09.2017 lodged at Police Station- Prem nagr, District Jhansi).
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 .
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 :- 16.2.2018 Raj
1 issue framed by the court
Whether a bail application replacing the quashment prayer disposes of a Section 482 Cr.P.C. application under specific guidelines.
Colour shows how this judgement treated each authority
Munawwar and 9 others Vs. State of U.P. and anotherReferred¶10
Application U/S 482 Cr.P.C. No. 21679 of 2014-Munawwar and 9 others Vs. State of U.P. and another
1 provisions across 1 enactments
Vikas Pal and Another
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
