Court No. - 70
Case :- APPLICATION U/S 482 No. - 47677 of 2018 Applicant :- Mohd. Jafar And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vindeshwari Prasad Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Supplementary affidavit filed on behalf of the applicants is taken on record.
Heard learned counsel for the applicants and learned AGA for the State.
This application has been filed by the applicants with a prayer to stay the entire criminal proceeding including summoning order dated 23.10.2018 in complaint case no. 2366 of 2018 (Jainab Vs. Mohd. Jafar & others), under Sections 420, 406 IPC and Section 6 Dowry Prohibition Act, Police Station Amroha Nagar, District Amroha pending in the court of second Additional Civil Judge (Junior Division) Judicial Magistrate, Amroha.
After advancing his arguments at some length, learned counsel for the applicants gave up his challenge to the impugned summoning order dated 23.10.2018 and made a prayer that a direction be issued to the courts below to consider and decide the bail application of the applicants expeditiously in accordance with law. He further submitted at the Bar that he is not pressing any other prayer made in the application.
In view of above, relief as prayed in the application is refused.
However, considering the prayer made by learned counsel for the applicants, it is directed that in case the applicants appear before the court concerned within 45 days from today and apply for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr.L.J. 755 as well as judgement passed by Hon'ble Apex Court in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For the period of 45 days no coercive action shall be taken against the applicants.
With the above directions, this application is disposed of finally.
Order Date :- 22.1.2019 AK Pandey