Court No. - 80
Case :- APPLICATION U/S 482 No. - 11381 of 2021 Applicant :- Omkar Madhesiya And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prakash Veer Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicants with the prayer to quash the charge sheet and summoning order dated 4.1.2005 as well as further proceedings of Case No. 3793 of 2011(State Vs. Ved Prakash Singh & others) arising out of Case Crime No. 582 of 2003, under Sections 143, 149, 341, 153-A, 504, 506 IPC and 7 Criminal Law Amendment Act, P.S. Mahauli, District- Sant Kabir Nagar, pending in the court of Chief Judicial Magistrate, Sant Kabir Nagar.
At the very outset, learned counsel for the applicants has not pressed the other prayer and has only made a prayer for expeditious disposal of his bail application in view of law laid down in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Considering the prayer of the applicant and in view of the entire facts and circumstances of the case, it is directed that if the applicants appear and surrender before the court below within 10 days from today and apply for bail, their prayer for bail shall be considered and decided as expeditiously as possible in accordance with law.
For a period of 10 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application u/s 482 Cr.P.C. is finally disposed of.
Order Date :- 30.7.2021 KU