Court disposed of an application to quash criminal proceedings by granting interim relief directing expeditious hearing of bail within 45 days if surrendered, without taking coercive action.
No coercive action for 45 days; bail application to be heard expeditiously if applicants surrender and apply within 45 days.
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Court No. - 70
Case :- APPLICATION U/S 482 No. - 8844 of 2019
Applicant :- Desh Raj And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pradumn 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 10.11.2014 arising out of Case Crime No. 295 of 2014 and proceedings of case no. 166 of 2015, under Sections 406 I.P.C., Police Station Nagal, District-Saharanpur pending in the court of Judicial Magistrate, Devband, District-Saharanpur.
The learned counsel for the applicants after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge-sheet 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 apply 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 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 :- 25.3.2019 AKT
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. 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
Desh Raj
An Other
State Of U.P.
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
