Heard learned counsel for the applicants, learned A.G.A for the State/opposite party no.1 and Sri Rajesh Kumar, learned Advocate, who has put in appearance and filed his Vakalatnama on behalf of opposite party no. 2. The vakalatnama is taken on record. I have also perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceedings of Case No. 675 of 2020 (State v. Sevati @ Seti and others), arising out of Case Crime No. 269 of 2021, under Sections 147, 148, 149, 307, 354, 452, 325, 323, 504, 506, 427 I.P.C., Police Station Dholana, District Kasganj pending in the Court of the Additional Chief Judicial Magistrate, Kasganj as well as charge-sheet no. 96 of 2020 dated 14.06.2020 and cognizance order dated 24.10.2020 and other consequential order passed in the aforesaid case.
Learned counsel for the applicants, after making submissions to some extent, has fairly submitted that necessary grounds for invoking the inherent powers of this Court under Section 482 Cr.P.C. have not been made out in the facts of the present case. Accordingly, he does not wish to press the principal prayer, as made in the application.
In view of the above, the relief as sought in the instant application is refused.
At this stage, learned counsel for the applicants makes a submission that the applicants are ready to submit to the jurisdiction of the concerned court, seek bail and accept all the conditions which this Court may deem fit to impose upon them. The only prayer made by learned counsel for the applicants is for expeditious disposal of their bail application.
Considering the aforesaid alternative prayer made by learned counsel for the applicants, it is provided that in case the applicants appear and surrender before the court below within 30 days from today and apply for bail, the bail application of the applicants shall be considered and decided by the concerned Court taking into view the settled legal position in this regard.
For a period of 30 days from today or till appearance of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against the applicants.
However, in case the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
It is made clear that no application seeking extension of time shall be entertained if this order is not complied with within the aforesaid period.
With the aforesaid observations and directions, this application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 5.2.2021 SKT/-