Court No. - 25
Case :- APPLICATION U/S 482 No. - 30366 of 2018 Applicant :- Abhisekh Barman And Another Opposite Party :- State Of .U.P And Another Counsel for Applicant :- Ravi Kant Shukla,Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Heard Sri Raj Kamal Tripathi holding brief of Sri Dhiraj Kumar Pandey, learned counsel for the applicants, Sri Abhinav Anand Singh, learned A.G.A. for the State of U.P. and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 1008 of 2017, arising out of Case Crime no. 96 of 2016, under Sections- 147, 341 IPC & 7 Criminal Law Amendment Act, Police Station Gagalhedi, District Saharanpur, pending in the Court learned Additional Chief Judicial Magistrate IInd Saharanpur, District Saharanpur as well as cognizance order dated 19.04.2017 submitted in the aforesaid sections.
After hearing the learned counsel for the parties and after perusing the averments made in the present application, no case for interference has been made out. The prayer as made above is hereby refused.
However, it is directed that in case applicants appear and surrender before the courts below within 45 days from today and apply for bail, their prayer for bail shall be considered and decided expeditiously, on its own merits in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today or till the applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Courts below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid direction, the application is disposed off finally.
Order Date :- 7.9.2018/Monika