Court No. - 70
Case :- APPLICATION U/S 482 No. - 35718 of 2019 Applicant :- Kazi Aasif Vari @ Ashish Vari @ Banti And Anr Opposite Party :- State Of Up And Anr Counsel for Applicant :- Jai Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, 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 applicants to quash the charge-sheet No. 262 of 2018 dated 12.8.2018 as well as entire proceedings of Case Crime No. 574 of 2017 (State vs. Kazi Hasif Vari @ Ashish Vari @ Banti and another) under Sections 498-A, 323, 504, 427 IPC and Section 3/4 Dowry Prohibition Act, police station Gorakhnath, district Gorakhpur pending in the court of ACJM-Ist, Gorakhpur.
After advancing certain arguments at length by learned counsel for the applicants, when the Court put certain query to him, he gave up his challenge to the aforesaid impugned charge-sheet dated 12.8.2018 against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. Learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicants expeditiously in accordance with law.
In view of above, the relief as sought by the applicants in the instant application is refused.
Considering the aforesaid prayer made by learned counsel for the applicants, it is directed that in case applicants appear before the concerned court below within 45 days from today and apply for bail, the bail application of applicant No. 1 shall be heard and disposed of expeditiously by the courts below in accordance with law keeping in view of 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 of the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P.; (2009) 4 Supreme Court Cases, 437 and bail application of applicant No. 2, Smt. Vaila shall also be heard and disposed of taking into account the first proviso to sub section (1) of Section 437 of the Code of Criminal Procedure.
For the period of 45 days from today or till the date of appearance of the applicants before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicants in the above case.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 25.9.2019 Sumaira