Court No. - 77
Case :- APPLICATION U/S 482 No. - 46020 of 2019 Applicant :- Jayendra Giri And 4 Ors Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kiran Chaudhary,Jai Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
This application u/s 482 Cr.P.C. has been filed by Jayendra Giri, Indrawati Giri, Sheela Giri, Reena Giri and Beena Giri with prayer for quashing entire proceeding of Complaint Case No. 219 of 2015, Kameshwar Giri Vs. Jayendra Giri and others, u/s 323, 379, 427, 452, 504, 506 IPC, P.S. Rohaniya, District Varanasi, along with summoning order dated 08.07.2016 pending in the court of Special C.J.M., Varanasi.
At the very out-set learned counsel appearing on behalf of the applicants argued that he does not want to press the principal prayers seeking quashing of the summoning order and the entire proceeding of above complaint case, as have been made in the application. The only prayer made by the learned counsel for the applicants is that the hearing of the bail application may be done on the same day.
Heard learned AGA and perused the record.
In view of the submission made by the learned counsel for the applicants, the application, so far as it relates to quashing of the summoning order and the entire proceeding of complaint, stands dismissed.
However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court 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.
For a period of 30 days from today, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
Order Date :- 17.12.2019 Pcl