Court No. - 44
Case :- APPLICATION U/S 482 No. - 45392 of 2018 Applicant :- Ramadhar Kushwaha And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandra Prakash Misra Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants, learned AGA and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 627 of 2018 arising out of Case Crime No. 361 of 2018, under sections 147, 323, 504, 506 IPC and 3(1)(Da) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, P.S. Kotwali Padraun, District Kushinagar pending in the court of the Additional Sessions Judge, Court no. 2, District Kushinagar at Padrauna as well the charge sheet dated 17.10.2018.
Today, when the case was taken up, learned counsel for the applicants made innocuous prayer to the extent that the bail application of the applicants in the aforesaid case, be directed to be heard expeditiously.
On the oral prayer of the learned counsel for the applicants made at Bar, 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 applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against the applicants. 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 directions, this application is finally disposed of.
Order Date :- 20.12.2018 shailesh