Court No. - 49
Case :- APPLICATION U/S 482 No. - 47164 of 2018 Applicant :- Babu Ram And 02 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Santosh Kukmar 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 summoning order dated 24.1.2017 (Bhagwan Sara Vs. Baburam and others) and Criminal Revision No.20 of 2018 (Baburam Vs. State of U.P.) arising out of Criminal Case No.8830 of 2018 u/s 302 IPC, Police Station Banda, District Shahjahanpur, pending in the court of learned Additional Chief Judicial Magistrate, Shahjahanpur.
Learned counsel for the petitioners submits that initially the F.I.R. was lodged and after looking into the evidence, charge sheet has been framed against the petitioners.
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 applies 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 :- 21.12.2018 Shalini (Vivek Chaudhary, J.)