Court No. - 70
Case :- APPLICATION U/S 482 No. - 40364 of 2016 Applicant :- Mohit Saini And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Syed Mushfiq Ali,Sushil Kumar Tewari Counsel for Opposite Party :- G.A.,Awadhesh Kumar Shukla,Azad Khan
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.
By order dated 04.01.2017, this matter was referred to Mediation & Conciliation Centre, High Court, Allahabad but as per report of Mediation & Conciliation Centre dated 05.05.2017, after several round of sitting i.e. on 24.03.2017, 07.04.2017 & 05.05.2017, mediation between the parties concerned failed.
This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the summoning order dated 7.11.2016 and proceedings of Case no. 1145 of 2016 (Smt.Ankita Saini vs. Mohit Saini and others), under Sections 498A, 323, 504, 506 I.P.C & Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana Nawabad, District-Jhansi, pending in the court of Additional Civil Judge (JD)/ Judicial Magistrate, Court No.1, Jhansi.
The learned counsel for the applicants after advancing his arguments at some length, gave up his challenge to the aforesaid impugned summoning order dated 07.11.2016 and impugned criminal proceedings against the applicants and requested to grant some protection, so that applicants may surrender before the court below. The 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 application of the applicant expeditiously in accordance with law.
Considering the prayer made by the learned counsel for the applicants, it is directed that in case applicants appear before the concerned court below within 45 days from today and applies for bail, the bail application 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 45 days from today, no coercive action shall be taken against the applicants.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 25.2.2019 SKD