Court No. - 70
Case :- APPLICATION U/S 482 No. - 7546 of 2019 Applicant :- Smt. Rani Sonker And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- P.K. Singh,Devendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to direct the court below to consider the bail application moved by the applicants in Case No. 6745 of 2018 (State Vs. Rani Sonkar and others) arising out of case Crime No. 996 of 2017, under Sections 147, 148, 149, 302, 120B I.P.C. and 7 Criminal Law (Amendment) Act, 1932, Police Station Chakeri, District -Kanpur Nagar expeditiously if possible on the same day on which the bail application is moved, pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar.
It is submitted that the application under Section 482 Cr.P.C. No. 7266 of 2018 filed by the applicants challenging the charge sheet as well as entire proceedings of Case No. 6745 of 2018 arising out of Case Crime No. 996 of 2017, under Sections 147, 148, 149, 302, 120B I.P.C. and Section 7 Criminal Law Amendment Act, Police Station Chakeri, District Kanpur Nagar pending before concerned Court below has been dismissed by the co-ordinate Bench of this Court vide order dated 08.03.2018. It is next submitted that on 13.09.2018 bailable warrant has been issued against the applicants. From the record of this case, it is not clear that what is the current status of the case. However, considering the prayer made by the learned counsel for the applicants, it is directed that in case applicants appear before the concerned court below within 30 days from today and apply for recall of bailable warrant dated 13.09.2018/ bail application, the same shall be heard and disposed of expeditiously by the courts below in accordance with 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 Criminal Law Journal 755 as well as judgement passed by Hon'ble Apex Court in (2009) 4 Supreme Court Cases, 437 Lal Kamlendra Pratap Singh Vs. State of U.P.
For the period of 30 days from today, no coercive action shall be taken against the applicants.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 28.2.2019/AKT