Court No. - 80
Case :- APPLICATION U/S 482 No. - 9940 of 2021 Applicant :- Gyan Chandra Gupta And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lakshmi Kant Pandey,Sandeep Kumar Pandey 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/BW dated 12.01.2021 and entire proceedings of Criminal Case No. 35 of 2017, arising out of Case Crime No. 306 of 2016, under Sections 419, 420, 504, 506, 448, 120-B IPC, Police Station Bhelupur, District Varanasi, pending in the court of Additional Chief Judicial Magistrate IIIrd, 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 :- 12.8.2021 Nadim