Court No. - 49
Case :- APPLICATION U/S 482 No. - 46691 of 2018 Applicant :- Naushad And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the parties and the learned A.G.A.
This petition is filed by the petitioners for quashing the entire proceeding of Case No. 4318 of 2018 (State Vs. Islam and others) arising out of Case Crime No. 217 of 2017, under Sections 332, 353, 323, 504 IPC at Police Station Mirzapur, District Saharanpur as well as charge sheet dated 31.12.2017 along with cognizance order dated 10.4.2018.
After arguing at some length, learned counsel for petitioners submits that grievance of petitioners would be sufficiently met in case bail application of petitioners is considered expeditiously in accordance with law.
In view thereof, it is provided that if the petitioners surrender before the Court below within three weeks from today and apply for bail, the Court below will consider the same, in accordance with law in view of the observations made in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)].
For a period of three weeks, no coercive steps shall be taken against the petitioners.
With the aforesaid, the petition is disposed of.
Order Date :- 20.12.2018 N.A.
(Vivek Chaudhary,J.)