Court No. - 84
Case :- APPLICATION U/S 482 No. - 18982 of 2020 Applicant :- Ajeet Kumar Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhinab Mishra,Shikher Trivedi Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard learned counsel for the applicants, Sri Arvind Kumar, learned AGA for the State-opposite party no. 1 and perused the record.
This application under Section 482 CrPC has been filed by the applicants to quash the entire criminal proceedings including impugned charge-sheet dated 28.7.2018 in Criminal Case No. 7172 of 2018 (State vs. Shri Ram Saxena + 8) arising out of Case Crime No. 0417 of 2018, under Sections 75 and 82 Juvenile Justice (Care and Protection of Children) Act, 2015 and 223 of IPC, Police Station Civil LInes, District Budaun pending in the Court of Chief Judicial Magistrate, Budaun as well as impugned summoning/cognizance order dated 15.12.2018.
Learned counsel for the applicants at the very outset has fairly submitted that the necessary grounds for invoking the inherent powers of this Court under Section 482 CrPC have not been made out in the facts of the present case. Accordingly, he does not wish to press his prayer as made in the present application for quashing of the entire criminal proceedings including the charge-sheet and the summoning/cognizance order.
In view of the above, the relief as sought in the instant application is refused.
At this stage counsel for the applicants has made an alternative prayer for a direction to be issued to the court below to consider and decide the bail application of the applicants, expeditiously in accordance with law.
Considering the aforesaid prayer made by the learned counsel for the applicants, it is directed that in case the applicants appear and surrender before the concerned court below within 30 days from today and apply for bail, the bail application of the applicants shall be heard and disposed of expeditiously by the court 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 CrLJ 755 as well as judgment of the Hon'ble Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. (2009) 4 SCC 437.
For the period of 30 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 CrPC is disposed of.
Order Date :- 6.1.2021 Shalini (Dr. Y.K.Srivastava,J.)