In this Section 482 Cr.P.C. application, the applicant abandoned the challenge to the charge-sheet. The court granted protection from coercive action for 45 days directed expeditious hearing of the bail application.
Grant of protection from coercive action for 45 days and direction for expeditious hearing of bail application.
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Court No. - 70
Case :- APPLICATION U/S 482 No. - 8407 of 2019
Applicant :- Ratiram And 02 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants 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 18.02.2018 arising out of Case Crime No.0622 of 2017 and criminal proceeding of Case No.87 of 2018 (State vs. Rajaram & another), under Sections 420, 468, 120-B, 504, 506, 511 I.P.C, Police Station Banpur, District -Lalitpur, pending in the court of Chief Judicial Magistrate, Lalitpur.
The learned counsel for the applicants after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge-sheet dated 18.02.2018 and impugned criminal proceedings against the applicants and requested to grant some protection, so that applicants may surrender before the court below. The learned counsel for the applicants 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 applicants expeditiously in accordance with law.
Considering the prayer made by the learned counsel for the applicants, it is directed that in case applicants appear before the concerned court below within 45 days from today and applies for bail, the bail application of the applicants 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 applicants.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 11.3.2019 SKD
1 issue framed by the court
Whether to grant protection from coercive action and expeditious hearing of the pending bail application.
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Referred¶8
Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶8
(2009) 4 Supreme Court Cases, 437 Lal Kamlendra Pratap Singh Vs. State of U.P.
1 provisions across 1 enactments
Ratiram And 02 Others
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
