Court No. - 35
Case :- APPLICATION U/S 482 No. - 9593 of 2018 Applicant :- Pankaj Alias Beetu Yadav And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sudhir Kumar (Chandraul) Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Harkauli,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing the entire criminal proceeding of S.T. No.62 of 2017 as well as to quash the charge sheet dated 21.03.2017 arising out of case crime no.102 of 2017, under Sections 323, 504, 506, 427 of IPC and Section 3 (2) (V) of SC/ST Act, P.S. Ajeetmal, District Aurariya, pending before the Additional District and Sessions Judge/Special Judge (SC/ST Act) Aurariya.
Learned counsel for the petitioners confines his prayer to the extent that the petitioners may be given a specified period for surrendering before the learned Court below and for applying for bail and if he does so, their bail application be considered in the light of the principles laid down in the case of Smt. Amrawati and another Vs. State of U.P. 2005; Cr.L.J.755, which has been affirmed by Hon'ble the Apex Court in Lal Kamlendra Pratap Singh Vs. State of Uttar Pradesh and Ors. reported in (2009) 4 SCC 437.
He further prays that the petitioners may be given the liberty to file an application for discharge before the learned Court below and if such application is moved, the same be considered on merits.
In the circumstances, this petition is finally disposed of with the following directions:-
1. In case the petitioners surrender before the learned Court below within a period of 30 days from today and move their bail application, the same shall be considered in the light of the principles laid down in the case of Smt. Amrawati and another Vs. State of U.P. 2005; Cr.L.J.755, which has been affirmed by Hon'ble the Apex Court in Lal Kamlendra Pratap Singh Vs. State of Uttar Pradesh and Ors. reported in (2009) 4 SCC 437.
2. If the petitioners after obtaining bail move an application for discharge for want of evidence, the same shall be considered on merits and disposed of without any undue delay by the learned Court below.
3. For the next thirty days, no coercive measure shall be taken to secure the attendance of the petitioners before the learned court below and in case of default, the learned court below shall be at liberty to proceed against the petitioners in accordance with law.
Order Date :- 23.3.2018 Nishant/-