Court No. - 70
Case :- APPLICATION U/S 482 No. - 1037 of 2019 Applicant :- Jawahar Lal Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Rajesh Kumar,Ajay Prakash Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
This application has been filed by the applicant with a prayer to quash the order dated 28.11.2018 passed by District & Sessions Judge/S.T.C II, Kaushambi in Revision No.80 of 2016 (Jawahar vs. Sangram Singh & others), summoning order dated 09.06.2016 passed in Case No.958/435 of 2015 (Sangram Singh vs. Jawahar Lal & others), under sections 323, 504, 506 & 452 I.P.C passed by Additional Chief Judicial Magistrate Kaushambi as well as quash the further proceeding of Case No.958/435 of 2015 pending before the Additional Chief Judicial Magistrate, Kaushambi.
After advancing his arguments at some length, learned counsel for the applicant did not press the relief as claimed in the application and made a prayer that a direction be issued to the courts below to consider and decide the bail application of the applicant expeditiously in accordance with law. He further submitted at the Bar that he is not pressing any other prayer made in the application.
In view of above, relief as prayed in the application is refused.
However, considering the prayer made by learned counsel for the applicant, it is directed that in case the applicant appears before the court concerned within 45 days from today and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr.L.J. 755 as well as judgement passed by Hon'ble Apex Court in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For the period of 45 days no coercive action shall be taken against the applicant.
With the above directions, this application is disposed of finally.
Order Date :- 21.1.2019 SKD