Court No. - 35
Case :- APPLICATION U/S 482 No. - 9590 of 2018 Applicant :- Raja @ Badshah And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shiv Shankar Kaithal,Rajesh Dwivedi 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 chargesheet dated 15.12.2017 as well as entire proceedings of S.S.T. No.16 of 2018 arising out of Case Crime No.338 of 2017, under Sections 323, 504, 506 IPC and Section 3(1)(10) of SC/ST ACt, P.S. Sikandra, District Ramabai pending in the Court of Special Judge (SC/ST Act) Kanpur Dehat.
Learned counsel for the petitioners confines his prayer to the extent that in case the petitioners surrender before the learned Court below within a period of 30 days from today and move a bail application, the same 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.
The petition is finally disposed of with directions to the learned Court below that if the petitioners surrender before the said Court within 30 days from today and move the bail application, the same be considered in the light of 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.
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/-