Court No. - 49
Case :- APPLICATION U/S 482 No. - 7039 of 2018 Applicant :- Ajay Kumar And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the parties and the learned A.G.A.
By the present petition, petitioners have prayed for quashing of chargehseet dated 25.8.2016 and cognizance order dated 28.8.2017 of CJM, Banda in Case No.634/IX/2017 (State Vs. Ajay Kumar and others) being Case Crime No.22/2016 under Section 498a, 323, 504, 506 IPC and 3/4 of DP Act, PS Mahila thana, distt. Banda.
Learned counsel for petitioners submits that the petitioner No.2 Mahesh and petitioner No.3 Dulia are already on bail. Therefore, he does not want to press the present petition on behalf of them.
In view aforesaid, present petition is dismissed with regard to petitioner No.2 and 3.
So far as the petitioner No.1 is concerned, learned counsel for petitioner submits that grievance of petitioner No.1 would be sufficiently met in case bail application of petitioner is considered expeditiously in accordance with law.
In view thereof, it is provided that if the petitioner No.1 surrenders before the Court below within three weeks from today and applies for bail, the Court below will consider the same, in accordance with law in view of the observations made in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)].
For a period of three weeks, no coercive steps shall be taken against the petitioner No.1.
With the aforesaid, the petition is disposed of.
Order Date :- 19.12.2018 RajneeshDR) (Vivek Chaudhary, J.)