Court No. - 66
Case :- APPLICATION U/S 482 No. - 41877 of 2019
Applicant :- Laxmi Shankar Tiwari And Another Opposite Party :- The State Of Up And Another Counsel for Applicant :- Pankaj Baranwal Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Sri Dinesh Yadav, Advocate has filed vakalatnama on behalf of opposite party no.2, which is taken on record.
Heard Sri Pankaj Baranwal, learned counsel for the applicants, Sri Dinesh Yadav, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No. 4036 of 2019 (State Vs. Laxmi Shankar Tiwari and another), arising out of Case Crime No. 39 of 2018, under Sections 308, 323, 504, 506 I.P.C., P.S. Pawai, District- Azamgarh, pending in the court of Judicial Magistrate, Azamgarh as well as the charge sheet dated 4.6.2018.
Learned counsel for the applicants has argued that there is a cross case in which both the sides have sustained injuries. At the very out-set learned counsel appearing on behalf of the applicants submits that he does not want to press the principal prayers seeking quashing of the charge sheet and the entire proceedings as have been made in the application nor is inclined to press the prayer seeking stay of the proceedings. He is ready to submit to the jurisdiction of the court, seek bail and accept all the conditions which this Court may deem fit to impose upon him. 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.
In view of the submission made by the learned counsel for the applicants, the application so far as it relates to seeking quashing of the charge sheet and the entire proceeding and so far as it relates to seeking stay of the proceeding, stands dismissed.
However, it is directed that if the applicants appear and surrender before the court below within 45 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 45 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.
With the aforesaid observations, this application is finally disposed of.
Order Date :- 26.11.2019/ Vikas