Court dismissed challenge to charge-sheet and cognizance order. Directed that if applicant appears and applies for bail within 45 days, courts below must hear it expeditiously under Seven Judges decision and Apex Court precedent. No coercive action for 45 days.
Protection from coercive action for 45 days and direction to hear bail application expeditiously.
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Court No. - 70
Case :- APPLICATION U/S 482 No. - 8190 of 2019
Applicant :- Omveer Opposite Party :- State Of Up And Another Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Mr. Bharat Singh, Advocate has filed his Vaklatnama on behalf of the informant today, which is taken on record.
Heard learned counsel for the applicant, learned counsel for opposite party No. 2 and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge-sheet dated 2.7.2018, cognizance order dated 7.8.2018 and entire criminal proceedings of Case No. 1500 of 2018 (State vs. Omveer) arising out of Case Crime No. 79 of 2018, under Section 376 IPC., police station Faizganj Behta, district Budaun pending in the court of Additional Chief Judicial Magistrate-II, Budaun.
Learned counsel for the applicant after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge-sheet dated 2.7.2018 and requested to grant some protection, so that applicant may surrender before the court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application and prayed that a direction be issued to the courts below to consider and decide the bail application of the applicant expeditiously in accordance with law.
Considering the prayer made by the learned counsel for the applicant, it is directed that in case applicant appear before the concerned court below within 45 days from today and applies for bail, the bail application of the applicant shall be heard and disposed of expeditiously by the courts below in accordance with settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement passed by Hon'ble Apex Court in (2009) 4 Supreme Court Cases, 437 Lal Kamlendra Pratap Singh Vs. State of U.P.
For the period of 45 days from today, no coercive action shall be taken against the applicant in the above mentioned case.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 7.3.2019 Sumaira
1 issue framed by the court
Whether the applicant shall be granted protection from coercive action and expedited bail proceedings if he surrenders within 45 days.
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Referred¶9
Amrawati and another Vs. State of U.P. 2005 Criminal Law Journal 755
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶9
(2009) 4 Supreme Court Cases, 437 Lal Kamlendra Pratap Singh Vs. State of U.P.
1 provisions across 1 enactments
Omveer
State Of Up
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
