Court No. - 49
Case :- APPLICATION U/S 482 No. - 47056 of 2018 Applicant :- Hazi Seemab Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Narendra Kumar Singh Counsel for Opposite Party :- G.A.,Suresh C. Dwivedi
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the parties and the learned A.G.A for the State.
This application is filed by the applicant to quash the entire proceedings of Case No. 5187 of 2015, under Section 26 of U.P. Urban Planning and Development Act, 1973, at Police Station Sishamau, District Kanpur Nagar pending in the Court of Metropolitan Magistrate, 1st Kanpur Nagar as well as order dated 03.09.2015 as summoning order and another order dated 25.06.2018 passed in discharge application.
After arguing at some length, learned counsel for applicant submits that grievance of applicant would be sufficiently met in case bail application of applicant is considered expeditiously in accordance with law.
In view thereof, it is provided that if the applicant surrenders 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 applicant.
With the aforesaid, the application is disposed of.
Order Date :- 21.12.2018 Radhika (Vivek Chaudhary,J.)