Court No. - 80
Case :- APPLICATION U/S 482 No. - 3790 of 2021 Applicant :- Bhaiyalal Yadav And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Partap Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed with the prayer to quash the summoning order dated 11.07.2019 as well as entire proceedings of Complaint Case No. 189 of 2018 (Ram Dular Vs. Bhaiyalal and others), under Sections 323, 504, 506, 452, 392 IPC, Police Station Chaubeypur, District Varanasi, pending in the court of Judicial Magistrate, Court No.3, Varanasi.
At the very outset, learned counsel for the applicants has submitted that he does not want to press other prayers made in the prayer clause and has only made a prayer for expeditious disposal of his bail application in view of law laid down in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Considering the prayer of the applicants, it is directed that if the applicants appear before the court below and apply for bail within one month from today, their prayer for bail shall be considered and decided as expeditiously as possible in accordance with law.
For a period of one month from today or till the applicants appear and apply for bail, whichever is earlier, no coercive action shall be taken against them. However in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 13.8.2021 Nadim