Court No. - 35
Case :- APPLICATION U/S 482 No. - 9652 of 2018 Applicant :- Kanhaiya Yadav And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prashant Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Harkauli,J.
Heard learned counsel for the petitioners, learned AGA and perused the record.
This petition has been filed with the prayer to quash the entire criminal proceedings of Criminal Case No.6 of 2018 (State vs. Kanhaiya Yadav and others) arising out of case crime no.548 of 2017 under sections 323, 504, 506 IPC and section 3(1)(dha) SC/ST Act, P.S. Chaubepur, District Varanasi and also to quash the charge sheet dated 11.10.2017.
Learned counsel for the petitioners confines his prayer to the extent that in case the petitioners surrender before the learned Court below within a period of 30 days from today and move a bail application, the same be considered in the light of the principles laid down in the case of Smt. Amrawati and another Vs. State of U.P. 2005; Cr.L.J.755, which has been affirmed by Hon'ble the Apex Court in Lal Kamlendra Pratap Singh Vs. State of Uttar Pradesh and Ors. reported in (2009) 4 SCC 437.
The petition is finally disposed of with directions to the learned Court below that if the petitioners Kanhaiya Yadav, Ram Bali Yadav and Rishi Yadav surrender before the court below within 30 days from today and move the bail application, the same be considered in the light of principles laid down in the case of Smt. Amrawati and another Vs. State of U.P. 2005; Cr.L.J.755, which has been affirmed by Hon'ble the Apex Court in Lal Kamlendra Pratap Singh Vs. State of Uttar Pradesh and Ors. reported in (2009) 4 SCC 437.
For a period of thirty days, no coercive measure shall be taken to secure the attendance of the petitioners before the learned court below and in case of default, the learned court below shall be at liberty to proceed against the petitioners in accordance with law.
With the above observations, the petition is disposed of.
Order Date :- 23.3.2018 VNP/-