Court No. - 81
Case :- APPLICATION U/S 482 No. - 9522 of 2021 Applicant :- Amar Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awadhesh Kumar Singh,Abhai Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicants and learned AGA for the State.
This application has been filed by the applicants with a prayer to quash the summoning order dated 24.12.2020 as well as criminal proceeding of Case No. 38679 of 2020 (State Vs. Sonu and others) arising out Case Crime No. 373 of 2020, under Sections 147, 148, 323, 504, 506, 325, 308 I.P.C., PS Teela Modh, District Ghaziabad pending in the Court of Chief Judicial Magistrate, Ghaziabad.
After advancing his arguments at some length, learned counsel for the applicants gave up his challenge to the impugned summoning dated 24.12.2020 and made a prayer that a direction be issued to the courts below to consider and decide the bail application of the applicant expeditiously in accordance with law. He further submitted at the Bar that he is not pressing any other prayer made in the application.
In view of above, relief as prayed in the application is refused.
However, considering the prayer made by learned counsel for the applicants, it is directed that in case the applicants appear before the court concerned within 30 days from today and apply for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr.L.J. 755 as well as judgement passed by Hon'ble Apex Court in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the above directions, this application is disposed of finally.
Order Date :- 26.10.2021 AKT Digitally signed by NAVEEN SRIVASTAVA Date: 2021.10.26 18:48:54 IST Reason: Document Owner Location: High Court of Judicature at Allahabad