Court No. - 81
Case :- APPLICATION U/S 482 No. - 6557 of 2021 Applicant :- Nootan Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Ashraf Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicant and learned AGA for the State.
This application has been filed by the applicant with a prayer to quash the impugned order dated 09.09.2020 alongwith cognizance order dated 27.10.2020 passed by the Metropolitan Magistrate-Ist, Kanpur Nagar as well as entire proceedings of Criminal Case No. 22526 of 2020 (State Vs. Kanhaiya Lal and others) arising out of Case Crime No. 153 of 2019, under Sections 420, 467, 468, 471, 504, 506 I.P.C., Police Station Swaroop Nagar, District Knapur Nagar which is pending in the Court of Metropolitan Magistrate-Ist, District Kanpur Nagar.
After advancing his arguments at some length, learned counsel for the applicant gave up his challenge to the impugned charge sheet dated 09.09.2020 and congnizance order dated 27.10.2020 and made a prayer that a direction be issued to the courts below to consider and decide the bail application of the applicant 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 applicant, it is directed that in case the applicant appears before the court concerned within 45 days from today and applies 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.
With the above directions, this application is disposed of finally.
Order Date :- 25.10.2021 AKT