Court No. - 70
Case :- APPLICATION U/S 482 No. - 3838 of 2019 Applicant :- Ashu And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Zabir Ali,Shashank Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants and 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 charge-sheet no. 224 of 2017 arising out of Case Crime No.199 of 2014, summoning order dated 21.8.2018 as well as cognizance order dated 8.1.2015 and proceeding of case no. 97/9 of 2015 (State Vs. Ashu and another), under Section 304 IPC, Police Station, Shahpur, District - Muzaffar Nagar, pending in the court of Additional Chief Judicial Magistrate-1, Budhana, Muzaffar Nagar.
The learned counsel for the applicant after advancing his arguments at some length, gave up his challenge to the aforesaid impugned summoning order dated 21.8.2018 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 45 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 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 SCC 437 Lal Kamlendra Pratap Singh Vs. State of U.P.
For the period of 45 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 :- 29.1.2019 AK Pandey