Application was disposed without merits after applicant withdrew challenge to charge-sheet. Court directed courts below to expedite bail hearing if appearance made within 45 days and stayed coercive action.
Refused challenge to charge-sheet; directed expedited bail hearing if within 45 days; stayed coercive action.
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Court No. - 77
Case :- APPLICATION U/S 482 No. - 7943 of 2020
Applicant :- Manoj Kumar Singh And Anr Opposite Party :- State of U.P. and Another Counsel for Applicant :- Triloki Nath Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 06.04.2019 and cognizance order dated 14.08.2019 passed by Additional Chief Judicial Magistrate, Varanasi, District Varanasi as well as entire proceedings of Criminal Case No.2343 of 2019, (State vs. Manoj Kumar Singh and another), under Sections 406 and 506 I.P.C. arising out of case crime no.0029 of 2019, P.S. Kapsethi, District Varanasi.
After advancing certain arguments at length by the learned counsel for the applicant when the Court put certain query to him, he gave up his challenge to the aforesaid impugned charge-sheet dated 06.04.2019 against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. Learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicants expeditiously in accordance with law.
In view of above, the relief as sought by the applicants in the instant application is refused .
Considering the aforesaid prayer made by 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 law keeping in view of 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 of the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. , (2009) 4 Supreme Court Cases, 437.
For the period of 45 days from today or till the date of appearance of the applicants before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicants in the above case.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 25.2.2020 Asha
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Referred¶9
2005 Criminal Law Journal 755
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶9
(2009) 4 Supreme Court Cases, 437
1 provisions across 1 enactments
Manoj Kumar Singh And Anr
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
