Court No. - 70
Case :- APPLICATION U/S 482 No. - 17075 of 2019 Applicant :- Babadeen And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Santosh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
At the outset, learned counsel for the applicants submitted that due to clerical mistake case crime number has wrongly been transcribed as 'Case Crime No. 262 of 2017' in place of 'Case Crime No. 162 of 2017' and he may be permitted to correct the same.
The prayer so made is allowed.
Necessary correction be made by the learned counsel for the applicants in the prayer clause of the application during the course of the day.
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 dated 25.5.2017, cognizance order dated 23.7.2017 as well as entire proceedings of Criminal Case No. 04011374 of 2018 (State vs. Babadeen and another) arising out of Case Crime No. 162 of 2017, under Sections 447, 506 IPC and Section 3 Prevention of Damage to Public Property Act, police station Husainganj, district Fatehpur pending in the court of Additional Chief Judicial Magistrate, court No. 11, Fatehpur Learned counsel for the applicants after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge-sheet dated 25.5.2017 against the applicants and requested to grant some protection, so that applicants may surrender before the court below. 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 applications of the applicants expeditiously in accordance with law.
Considering the prayer made by 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 applications 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 45 days from today, no coercive action shall be taken against the applicants in the above mentioned case.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 30.4.2019 Sumaira