Court No. - 84
Case :- APPLICATION U/S 482 No. - 18612 of 2020 Applicant :- Amzad Husain @ Ahmad Husain And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shyam Sunder Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard learned counsel for the applicants, 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 proceedings of Criminal Case No. 4948 of 2016 (State vs. Amzad Husain and others), under Sections 147, 148, 323, 324, 452, 427, 504, 506 IPC and 7 Criminal Law Amendment Act, P.S. Hathgaon, District Fatehpur pending in the court of Civil Judge (Senior Division), Fatehpur.
Learned counsel for the applicants after making submissions to some extent 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 for quashing the proceedings of the aforesaid criminal case.
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 Imroz (Dr. Y. K. Srivastava, J.)