Disposed

Satendra Doctor and 5 Others v. State of U.P. and Another

Allahabad HC7 Dec 2020A482/14191/2020

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What is this about?

Application under Section 482 CrPC was withdrawn as Counsel changed prayer to seek expeditious bail. Court directed trial court to decide bail within 30 days and directed no coercive action against applicants for that duration.

What did the court decide?

Applicants directed to apply for bail in trial court within 30 days; trial court to decide expeditiously; no coercive action during 30 days.

Satendra Doctor and 5 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2020)

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Court No. - 83

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Case :- APPLICATION U/S 482 No. - 14191 of 2020

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Applicant :- Satendra Doctor And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Khalid Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri Mohammad Khalid, learned counsel for the applicants and learned AGA for the State.

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The applicants have sought for the following relief in the instant application under Section 482 Cr.P.C.:-

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"quash the entire proceeding of Complaint Case No. 120 of 2019 Kunwarpal Vs. Satendra Doctor & others, under Section 323, 435, 504, 506 I.P.C. Police Station Sunngarhi, District Kasganj as well as summoning order dated 06.11.2019 passed by First Civil Judge (Junior Division)/ Judicial Magistrate, Kasganj in the aforesaid complaint case which is pending in the Court of Judicial Magistrate, Kasganj. "

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Learned A.G.A. submits that commission of offence is disclosed against the applicant from the material in the record. Learned trial court has accorded full consideration to the evidence in the record and has also found that a prima facie offence is made out against the applicants.

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Faced with this, Sri Mohammad Khalid, learned counsel for the applicants does not press the relief sought in the present application under Section 482 Cr.P.C. He recasts his relief and submits that the applicants will appear before the learned trial court and apply for bail.

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The only prayer made by Sri Mohammad Khalid, learned counsel for the applicants is that bail application of the applicants may be decided expeditiously.

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In view of the submissions made by the learned counsel for the parties, this application is disposed of with the following directions:

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I. The applicants will appear before the learned trial court within a period of 30 days and apply for bail.

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II. In case the bail application is filed within the aforesaid period, the learned trial court shall decide the bail application expeditiously in the light of law laid down by this Court in Amrawati and another Vs. State of U.P. reported at 2004 (57) ALR 290 as well as judgement entered by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P . reported at 2009 ( 3) ADJ 322 (SC) .

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III. For a period of 30 days no coercive action shall be taken against the applicants.

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IV. In case the applicants do not apply for bail in the aforesaid period, this order shall stand automatically recalled without recourse to this Court. The learned trial court shall proceed thereafter in accordance with law.

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Order Date :- 7.12.2020 Nadeem Ahmad

Satendra Doctor and 5 Others v. State of U.P. and Another

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Satendra Doctor and 5 Others v. State of U.P. and Another

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