Court No. - 10
Case :- APPLICATION U/S 482 No. - 13667 of 2018 Applicant :- Moti Lal And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashish Kumar Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicants and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings along with the charge-sheet dated 04.06.2017 and cognizance order dated 24.01.2018 in Case No. 801 of 2018 (State Versus Motilal and others) arising out of Case crime no. 215 of 2017, under Section 376-D, 506 I.P.C., Police Station Nichlaul, District Maharajganj, pending in the court of Chief Judicial Magistrate, Maharajganj.
After advancing argument at length, learned counsel for the applicants would submit that applicants would be satisfied in case a direction is issued to the court below to consider the bail application of the applicants in terms of the decisions rendered in Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 as well as Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC).
Learned A.G.A. would submit that the directions issued by this Court and the Hon'ble Supreme Court is binding upon the court below. A Division Bench of this Court in Brahm Singh & others vs. State of U.P. & others, 2016 (7) ADJ 151, has already issued direction to all the Sessions Judges of the State of Uttar pradesh, which is being followed. It is, therefore, urged that no fresh direction is required to be given. This fact is not being disputed by the learned counsel for the applicants.
In regard thereto, application is disposed of as withdrawn with liberty to the applicants to file an appropriate application for bail before the court below within four weeks from date in terms of the decisions rendered in Amrawati (supra) as well as Lal Kamlendra Pratap Singh (supra).
In the event, such an application is filed, it is expected that the court below shall decide/dispose of the application in terms of Amrawati (supra), Lal Kamlendra Pratap Singh (supra) and Brahm Singh (supra), strictly in accordance with law.
It is clarified that the Court has not considered the contention of the learned counsel for the applicants on merit.
Order Date :- 26.4.2018 K.K. Maurya