Court No. - 44 Case :- APPLICATION U/S 482 No. - 45362 of 2018 Applicant :- Smt. Jyoti Yadav And 4 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Lok Nath Shukla,Raj Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Raj Kumar Tiwari, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
By means of the instant 482 Cr.P.C. application, the applicants sought prayer for quashing the entire proceedings of charge sheet no. 166 of 2017 dated 28.08.2017 and the entire proceeding of Criminal Case No. 3378 of 2017 (U.P.A404-080231/17) (State versus Pawan Yadav) in case crime no. 0388 of 2016, under Sections 498-A, 323, 420, 506 I.P.C. & Section 3/4 D.P. Act, P.S. Mahila Thana, District Agra, pending in the Court of Additional Chief Judicial Magistrate-X, Agra.
But at the outset learned counsel has categorically submitted that he does not want to press the above prayer to that extent only or address the court on merits of the case and accordingly, the present 482 Cr.P.C. application stands dismissed.
The only prayer sought by the learned counsel for the applicants is that a direction may be given to learned courts below to decide the bail application expeditiously, and the learned court below may be directed not to issue coercive measure to procure the attendance of the applicant on their solemn undertaking by the learned counsel for the applicants that their client are keen and willing to cooperate and participate in the trial.
This Court directs that no coercive action shall be taken against the applicants in case crime no. 0388 of 2016, under Sections 498-A, 323, 420, 506 I.P.C. & Section 3/4 D.P. Act, P.S. Mahila Thana, District Agra, pending in the Court of Additional Chief Judicial Magistrate-X, Agra, for a period of 45 days from today.
During this period in the event the bail application is moved by the applicant, the courts below is directed to deal and decide in accordance with law in the light of the ratio laid down 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 reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the aforesaid directions, this application is finally disposed of.
It is made clear that no further time would be granted beyond 45 days in any case for this purpose.
Order Date :- 19.12.2018 Ashok Gupta