Court No. - 49
Case :- APPLICATION U/S 482 No. - 46311 of 2018 Applicant :- Awakesh And 4 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the parties and the learned A.G.A.
This petition is filed by the petitioners for quashing the charge sheet dated 15.9.2017 and also to quash the entire proceeding of criminal case no. 10520 of 2017 pursuant to case crime no. 420 of 2017 under Section 147, 323, 504, 308 IPC P.S. Campierganj, District Gorakhpur pending int he court of Civil Judge, Junior Division-4 Gorakhpur.
It is submitted by the learned counsel for the petitioner that petitioner no. 1 and 2 are already bail out except under Section 308 IPC rest of the petitioners are not bailed out.
After arguing at some length, learned counsel for petitioners submits that grievance of petitioners would be sufficiently met in case bail application of petitioners is considered expeditiously in accordance with law.
In view thereof, it is provided that if the petitioners surrender before the Court below within three weeks from today and apply for bail, the Court below will consider the same, in accordance with law in view of the observations made in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)].
For a period of three weeks, no coercive steps shall be taken against the petitioners.
With the aforesaid, the petition is disposed of.
Order Date :- 19.12.2018 N.A.
(Vivek Chaudhary,J.)