Court No. - 71
Case :- APPLICATION U/S 482 No. - 21592 of 2019
Applicant :- Ram Saran Yadav And 5 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Babhru Vahan Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State. This application under Section 482 Cr.P.C. has been filed with a prayer to quash the order dated 12.3.2019 passed by the Addl. Chief Judicial Magistrate, court no. 10, Azamgarh in Case no. 326 of 2016, under Sections 323, 147, 504, 506 I.P.C. and Section 3(1)X SC/ST Act, P.S. Raunapar, district-Azamgarh, pending in the Court of Addl. Chief Judicial Magistrate, Court no. 10, Azamgarh, by which N.B.W. has been issued against the applicants for enforcing their appearance in aforesaid case.
After having heard the learned counsel for the applicants and perused the impugned order as well as the materials brought on record, I do not find any justification for quashing the order dated 03.11.2011.
However, it is directed that if the applicants appear and surrender before the court below within four weeks 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 four weeks from today no coercive action shall be taken against the applicants. It is being made clear that in case the applicants fail to surrender before the concerned court within the period indicated hereinabove, this application shall stand dismissed without any further reference to the court below.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 30.5.2019 Faridul