Court No. - 70
Case :- APPLICATION U/S 482 No. - 36408 of 2019 Applicant :- Iliyas And 5 Others Opposite Party :- State Of U.P. And 2 Other Counsel for Applicant :- Preet Pal Singh Rathore Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet no. 190 of 2018 dated 31.05.2018 arising out of Case Crime No. 527 of 2017 as well as cognizance order dated 7.7.2018 and proceedings of case no. 362 of 2018, under Sections 498A, 323 IPC and 3/4 D.P. Act, Police Station Sahaswan, District - Budaun pending in the court of Judicial Magistrtate Sahaswan, Budaun.
It is submitted by learned counsel for the applicants that they have been falsely implicated in this case. Investigating Officer without collecting material evidence submitted charge-sheet. It is no injury case. General allegations has been levelled against the applicants. No offence is made out against them. It is also submitted that applicant no.1, Iliyas is already on bail.
After advancing certain arguments at some length by the learned counsel for the applicants, when the Court put certain query to him, he gave up his challenge to the aforesaid impugned charge-sheet dated 31.05.2018 against the applicants and confined his submission requesting to grant some protection to the applicant nos. 2 to 6 to surrender before the concerned court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicant nos. 2 to 6 expeditiously in accordance with law.
In view of above, the relief as sought by the applicants in the instant application is refused.
Considering the aforesaid prayer made by learned counsel for the applicants, it is directed that in case applicant nos.2 to 6, namely Asharfi, Hamsiran, Nafees, Haseena and Gulshan appear before the concerned court below within 45 days from today and apply for bail, their bail application shall be heard and disposed of expeditiously by the courts below in accordance with law keeping in view of the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement of the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. (2009) 4 Supreme Court Cases, 437.
For the period of 45 days from today or till the date of appearance of the applicants before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicants in the above case.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 30.9.2019 AK Pandey