Court No. - 45
Case :- APPLICATION U/S 482 No. - 38394 of 2018 Applicant :- Rajmani And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rahul Mishra,Abhishek Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Shri Prem Shanker Mishra and Shri Chandra Bhushan Mishra, Advocates have filed Vakalatnama on behalf of O.P. No.2, same is taken on record.
Heard learned counsel for the applicants, learned A.G.A. for the State and Shri Prem Shanker Mishra and Shri Chandra Bhushan Mishra, learned counsels for O.P. No.2.
The applicants, through the present application under Section 482 Cr.P.C. have invoked the inherent jurisdiction of this Court with a prayer to quash the order dated 11.10.2018 passed by Special Chief Judicial Magistrate, Allahabad in Criminal Case No.201/2018 (State Vs. Rajmani and others) arising out of Case Crime No.687/2016, under Sections 323, 504, 147, 149, 419, 420, 467, 468, 471, IPC, P.S. Handia, District Allahabad.
After hearing learned counsel for the applicants and learned A.G.A. this application is finally disposed of with a direction that if the applicants appear and surrender before the Court below within two weeks from today and apply for bail, then their bail application shall be considered and decided expeditiously in view of the settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR-290, as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (322) (SC), Lal Kamlendra Pratap Singh Vs. State of U.P., after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offence.
For the period of 45 days, no coercive action shall be taken against the applicants for their personal appearance.
Order Date :- 30.10.2018 T. Sinha