Court No. - 79
Case :- APPLICATION U/S 482 No. - 18896 of 2020 Applicant :- Rajbali And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Piyush Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants, Ms Seema Shukla, learned Additional Government Advocate for the State/opposite party no.1 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the proceedings of Complaint Case No. 58 of 2020, under section 149, 323, 452, 504, 506 I.P.C., Police Station Ghanghata District Sant Kabir Nagar pending in the court of Additional Session Judge/Special Judge (POCSO) Act as well as the summoning order dated 12.10.2020.
At the very out-set learned counsel appearing on behalf of the applicants submits that he does not want to press the principal prayers seeking quashing of the proceedings as well as summoning order as have been made in the application nor is inclined to press the prayer seeking stay of the proceedings. He is ready to submit to the jurisdiction of the court, seek bail and accept all the conditions which this Court may deem fit to impose upon him. The only prayer made by the learned counsel for the applicants is that the hearing of the bail application may be done expeditiously.
In view of the submissions made by the learned counsel for the applicants, the prayer, so far as it relates to seeking quashing of the proceedings as well as summoning order, stands refused.
However, it is directed that if the applicants appear and surrender before the court below within 45 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today or till the appearance of the applicants before the court concerned, whichever is earlier no coercive action shall be taken against the them. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid observations, this application is finally disposed off.
It is made clear that no application seeking extension of time shall be entertained if this order is not complied within the aforesaid period.
Order Date :- 6.1.2021/S.P.