Court No. - 77
Case :- APPLICATION U/S 482 No. - 16908 of 2019 Applicant :- Pawan Singh And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mulayam Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by Hon'ble the Senior Judge vide order dated 29.4.2019.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed with the prayer to stay the summoning order dated 2.5.2018 in Case No. 2279 of 2018 (State Vs. Pawan Singh and others), in Case Crime No. 2212 of 2017, under Sections 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station Khalilabad, District Sant Kabir Nagar pending in the court of Chief Judicial Magistrate,Sant Kabir Nagar and also stay the entire proceedings as well as summoning order 2.5.2018 in Case No. 2279 of 2018 (State Vs. Pawan Singh and others), in Case Crime No. 2212 of 2017, under Sections 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station Khalilabad, District Sant Kabir Nagar pending in the court of Chief Judicial Magistrate,Sant Kabir Nagar and quash the charge sheet dated 22.11.2017.
A bare reading of the record goes to show that prima facie allegations constitute commission of cognizable offence, hence, there is no reason to interfere in the matter.
The relief claimed in the application by the learned counsel for the applicant is refused.
However, it is observed that in case applicant appears before the court concerned and applies for bail within a period of two months from today. The same shall be disposed of expeditiously by the court concerned in accordance with the law. Till then, no coercive action shall be taken against the applicant.
Learned counsel for the applicant no. 1 prays that the trial court may be directed to decide his discharge application after obtaining bail from the trial court.
If any such application is moved by the applicant, the same shall be considered and decided in accordance with law expeditiously.
Learned counsel for the applicant further submitted that applicant nos. 2 and 3 are on bail and he prays that the trial court may be directed to decide their discharge application.
If any such application is moved by the applicants, the same shall be considered and decided in accordance with law expeditiously.
With the aforesaid observations, the application stands disposed of finally.
Order Date :- 29.4.2019 OP