Court No. - 70
Case :- APPLICATION U/S 482 No. - 31889 of 2019 Applicant :- Smt. Masuma. And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ganesh Mani Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge-sheet dated 31.10.2018 as well as entire proceedings of Criminal Case No. 374 of 2019 (State vs. Abdul Gaffar and others) arising out of Case Crime No. 53 of 2018, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, police station Debarua, district Siddharth Nagar pending in the court of Chief Judicial Magistrate, Siddharth Nagar.
Learned counsel for the applicants after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge-sheet dated 31.10.2018 against the applicants and requested to grant some protection, so that applicants may surrender before the court below. Learned counsel for the applicants further stated at the bar that he is not pressing any other prayer made in this application and prayed that a direction be issued to the courts below to consider and decide the bail applications of the applicants expeditiously in accordance with law.
The relief as sought by the applicants in the instant application is hereby refused.
However, considering the request made by learned counsel for the applicants, it is directed that in case applicants appear before the concerned court below within 30 days from today and apply for bail, the bail applications of the applicants shall be heard and disposed of expeditiously by the courts below in accordance with settled law laid down by 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 passed by Hon'ble Apex Court in (2009) 4 Supreme Court Cases, 437, Lal Kamlendra Pratap Singh Vs. State of U.P.
For the period of 30 days from today, no coercive action shall be taken against the applicants in the above mentioned case.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 26.8.2019 Sumaira