Court No. - 70
Case :- APPLICATION U/S 482 No. - 16740 of 2019 Applicant :- Amar Singh And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vashishtha Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Sri Pramod Kumar Dwivedi, Advocate, has filed Vakalatnama on behalf of opposite party no. 2, is taken on record.
Heard learned counsel for the applicants, Sri Pramod Kumar Dwivedi, learned counsel for opposite party no. 2, learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the summoning order dated 28.03.2019, passed by Additional Session Judge, Court No. 1, Hathras, in CNR No. UPHT 01-002979 Act, 2018 (final report 01.12. 2018), (Barkha Singh vs. Amar Singh and others), arising out of Case Crime No. 275 of 2018, under Sections 354, 504, 506 IPC and 7/8 POCSO Act, Police Station Sadabad, District -Hathras, as well as entire criminal proceeding of aforesaid case.
The learned counsel for the applicants after advancing his arguments at some length, gave up them challenge to the aforesaid impugned summoning order against the applicants and requested to grant some protection, so that applicants may surrender before the court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application and prayed that a direction be issued to the courts below to consider and decide the bail application of the applicants expeditiously in accordance with law.
Considering the prayer made by the learned counsel for the applicants, it is directed that in case applicants appear 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 courts below in accordance with settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement passed by Hon'ble Apex Court in (2009) 4 Supreme Court Cases, 437 Lal Kamlendra Pratap Singh Vs. State of U.P.
For the period of 30 days from today, no coercive action shall be taken against the applicants.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 26.4.2019 v.k.updh.