Court No. - 49
Case :- APPLICATION U/S 482 No. - 47214 of 2018 Applicant :- Prakash Vishwakarma And 03 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Yashpal Yadav,Brijesh Kumar Srivastava Counsel for Opposite Party :- G.A,
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the parties and the learned A.G.A.
This petition is filed by the petitioners for quashing the chargesheet dated 23.04.2017 in Case Crime No. 0291 of 2017 which is pending before Additional Chief Judicial Magistrate, 1st court, District- Gorakhpur (Sri Prakash Vishwakarma and others vs. State of U.P. and another) under Section- 323, 504, 308 P.S.- Khorabar, District- Gorakhpur.
After arguing at some length, learned counsel for petitioners submits that grievance of petitioners would be sufficiently met in case bail application of petitioners is considered expeditiously in accordance with law.
In view thereof, it is provided that if the petitioners surrender before the Court below within three weeks from today and applies for bail, the Court below will consider the same, in accordance with law in view of the observations made in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)].
For a period of three weeks, no coercive steps shall be taken against the petitioners.
With the aforesaid, the petition is disposed of.
Order Date :- 21.12.2018 Shalini (Vivek Chaudhary, J.)