Court No. - 51
Case :- APPLICATION U/S 482 No. - 27341 of 2018 Applicant :- Kedar And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Radhey Shyam Shukla,Vipul Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 2348 of 2012 arising out of case crime no. 761-A of 2011, under Sections- 436, 506 IPC, P.S.- Puwayan, District Shahjahanpur pending before the concerned courts below.
After hearing the learned counsel for the parties and after perusing the averments made in the present application, no case for interference has been made out. The prayer as made above is hereby refused.
However, it is directed that in case applicants appear and surrender before the courts below within 3 months from today and apply for bail, their prayer for bail shall be considered and decided expeditiously, on its own merits 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 3 months from today or till the applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Courts below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid direction, the application is disposed off finally.
Order Date :- 23.8.2018 SKG