Court No. - 45
Case :- APPLICATION U/S 482 No. - 42926 of 2018 Applicant :- Birju Kashyap And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The applicants, through the present application under Section 482 Cr.P.C. have invoked the inherent jurisdiction of this Court with a prayer to quash the charge sheet dated 19.12.2017 submitted in Case Crime No.406/2017, under Sections 406, 504, 506, IPC, P.S. Kotwali, District Budaun as well as cognizance order dated 6.7.2018 passed by the Chief Judicial Magistrate, Budaun.
After hearing learned counsel for the applicants and learned A.G.A. this application is finally disposed of with a direction that if the applicants appear and surrender before the Court below within two weeks from today and apply for bail, then their bail application shall be considered and decided expeditiously in view of the 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 2004 (57) ALR-290, as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (322) (SC), Lal Kamlendra Pratap Singh Vs. State of U.P., after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offence.
For the period of 45 days, no coercive action shall be taken against the applicants for their personal appearance.
Order Date :- 30.11.2018 T. Sinha