Court No. - 70
Case :- APPLICATION U/S 482 No. - 1001 of 2019 Applicant :- Rajiv And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandravir Singh Raghuvanshi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants and learned AGA for the State.
This application has been filed by the applicants with a prayer to quash the summoning order dated 28.11.2018 passed by Judicial Magistrate, Court No.1/Additional Civil Judge (Junior Division) Nagina, Bijnor and the entire proceeding of Complaint Case No. 2248 of 2018 (Ankit Tyagi @ Pushpendra Kumar Tyagi Vs. Rajiv and others), under Sections 323, 325 IPC, P.S. Kotwali Dehat, District Bijnor.
After advancing his arguments at some length, learned counsel for the applicants gave up his challenge to the impugned summoning order dated 28.11.2018 and made a prayer that a direction be issued to the courts below to consider and decide the bail application of the applicants expeditiously in accordance with law. He further submitted at the Bar that he is not pressing any other prayer made in the application.
In view of above, relief as prayed in the application is refused.
However, considering the prayer made by learned counsel for the applicants, it is directed that in case the applicants appear before the court concerned within 45 days from today and apply for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr.L.J. 755 as well as judgement passed by Hon'ble Apex Court in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For the period of 45 days no coercive action shall be taken against the applicants.
With the above directions, this application is disposed of finally.
Order Date :- 25.1.2019 AK Pandey