Court No. - 70
Case :- APPLICATION U/S 482 No. - 29340 of 2019 Applicant :- Jamunadas Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and 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 applicant with a prayer to quash the entire proceedings of criminal case no. 277 of 2008 (State of U.P. Vs. Mukesh and others) arising out of Case Crime No. 118 of 1999, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Linepar, District -Firozabad pending in the court of Additional Chief Judicial Magistrate, Court No.1, Firozabad.
It is submitted by the learned counsel for the applicant that the applicant is Nandoi of the opposite party no.2 and lives separately from other co-accused persons of this case. It is further submitted that the general allegations have been levelled against the applicant. The Investigating officer after investigation submitted charge-sheet against the applicant also.
Per contra, learned AGA submitted that this is very old case. In this case, FIR was lodged on 4.7.1999 and charge-sheet was filed on 13.11.1999 and cognizance was taken by the Magistrate concerned on 11.1.2000. The present application has been filed after more than 19 years and half months, therefore, the present application is liable to be dismissed on the ground of laches also.
The learned counsel for the applicant after advancing his arguments at some length, gave up his challenge to the aforesaid impugned criminal proceedings against the applicant and requested to grant some protection, so that applicant may surrender before the court below. The learned counsel for the applicant further stated at the Bar that he is not pressing the prayer made in this application and prayed that a direction be issued to the courts below to consider and decide the bail application of the applicant expeditiously in accordance with law.
Considering the prayer made by the learned counsel for the applicant, it is directed that in case applicant appears before the concerned court below within 60 days from today and applies for bail, the bail application of the applicant shall be heard and disposed of expeditiously by the courts below in accordance with 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 2005 Criminal Law Journal 755 as well as judgement passed by Hon'ble Apex Court in (2009) 4 Supreme Court Cases, 437 Lal Kamlendra Pratap Singh Vs. State of U.P.
For the period of 60 days from today, no coercive action shall be taken against the applicant.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 30.7.2019 AK Pandey