Court No. - 23
Case :- APPLICATION U/S 482 No. - 36839 of 2018
Applicant :- Pavan And 2 Ors
Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Kameshwar Singh Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Heard Sri Kameshwar Singh, learned counsel for the applicants, Sri Bhanu Prakash Singh, learned A.G.A. for the State and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the impugned summoning order dated 17.04.2018 passed by the Additional Sessions Judge, Court No.4, Ballia in S.T. No. 281 of 2014 (State vs. Ram Kumar and others) in Case No. 247 of 2009, under Sections 147, 325, 308, 323, 504, 506, 427 of I.P.C., P.S. Kotwali, District Ballia by which the applicants have been summoned under Section 319 of Cr.P.C. for facing the trial.
Learned counsel for the applicants submits that he does not want to press this application on merit and confines his prayer only to the extent that applicants may be permitted to surrender and move bail application, before the court concerned and suitable directions may be issued that same may be heard and decided expeditiously, in accordance to law.
Learned A.G.A. has no objection in grant of aforesaid prayer.
In view of above, it is provided that if the applicants surrender before the courts below within thirty days from today, and apply for bail, their application for bail shall be considered and decided by the courts below in view of the settled law laid down by the Full Bench of this Court in the case of Amrawati & Another Vs. State of U.P. reported in 2004 (57) ALR 290, as affirmed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
Till the aforesaid period of thirty days, no coercive measures shall be taken against the applicants in the aforesaid case.
In case, applicants fail to surrender before the Courts below, within the stipulated period of thirty days, they will not get benefit of this order.
Applicants are also permitted to move discharge application at appropriate stage, and in case any such application is moved, same shall be heard and decided in accordance with law by means of reasoned and speaking order.
With above directions this application stands
disposed of.
Order Date :- 27.10.2018
A. Tripathi