Court No. - 23
Case :- APPLICATION U/S 482 No. - 38166 of 2018
Applicant :- Priyank Agarwal
Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sujan Singh Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Heard Sri Sujan Singh, learned counsel for the applicant and 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 Charge- Sheet No.044 of 2018 dated 15.1.2018 and the Summoning Order dated 17.02.2018 arising out of Case Crime No. 0664 of 2017, under Sections 498- A, 323, 504 and 506 IPC and 3/4 Dowry Prohibition Act, Police Station - Sikandara Agra, District - Agra pending before the learned Special Chief Judicial Magistrate, Agra as Case No. 1234 of 2018 (State vs. Priyanka Agarwal and Anr).
After arguing the matter up to some length, learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicant 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 applicant surrenders before the courts below within thirty days from today, and applies for bail, his 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 applicant in the aforesaid case.
In case, applicant fails to surrender before the Courts below, within the stipulated period of thirty days, he 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