Court No. - 45
Case :- APPLICATION U/S 482 No. - 42575 of 2018 Applicant :- Ram Subhawan Yadav And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shesh Narain Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
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 charge sheet No.01 of 2018 dated 24.3.2018 and cognizance order dated 12.7.2018 as well as entire proceedings of Special S.T. No.65 of 2018, arising out of Case Crime No.10 of 2018, under Sections 323, 504, 506, 452, IPC, P.S.
Kaptanganj, District Basti, pending before the Additional Session Judge-1/POCSO Act, Basti.
It has been submitted that all the applicants have been enlarged on bail except applicant No.3.
This application is finally disposed of with a direction that if the applicant No.3 appears and surrenders before the Court below within two weeks from today and applies for bail, then his 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 applicant No.3 for his personal appearance.
Order Date :- 29.11.2018 T. Sinha