Court No. - 15
Case :- APPLICATION U/S 482 No. - 18491 of 2018
Applicant :- Bachan Singh And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vijay Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Sri Vijay Pratap Singh, learned counsel for the applicants and learned AGA for the State.
Applicants have filed this application under Section 482 Cr.P.C. with prayer seeking quashing of proceeding of Complaint Case No.1734 of 2015 (Rajeev Tavatiya vs. Bachan Singh and others) under Section 392 IPC, Police Station Muradnagar, District Ghaziabad pending in the Court of First Additional Chief Judicial Magistrate, Ghaziabad.
It has been submitted by learned counsel for the applicants that initially applicants were summoned for the offences under Section 323, 504, 506 IPC in which they have been enlarged on bail. Thereafter, on account of statements recorded under Section 244 Cr.P.C., charge has been framed against the applicants under Section 392 IPC also. It has been further submitted that applicants want to seek bail from the court below under Section 392 IPC, a direction may be issued in this regard.
Considering the facts and circumstances of the case it is directed that if applicants appear before the court below within four weeks from today and apply for bail under Section 392 IPC, the court below shall decide the same expeditiously in accordance with law laid down by the Apex Court in the case of Lal Kamlendra Pratap Singh v. State of Uttar Pradesh and others, reported in (2009) 4 SCC 437 and Full Bench decision of this Court in case of Smt. Amarawati and another v. State of U.P., reported in 2005 CRI. L.J. 755, and till then no coercive measures shall be taken against them.
In view of the aforesaid, the application stands disposed of.
Order Date :- 29.5.2018 Deepika