Court No. - 27
Case :- APPLICATION U/S 482 No. - 1562 of 2019 Applicant :- Smt. Rani And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- S.P.S. Chauhan,Smt. Meenakshi Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Devesh Kumar Shukla, opposite party no.2.
The present application under Section 482 Cr.P.C. has been filed to quash the charge-sheet no.458 of 2018 dated 04.08.2018 and cognizance order dated 15.09.2018 passed by ACJM-IV, Mathura in criminal case no.Nil/2018 (State Vs. Rani and others), under Sections 323, 308, 325, 504 I.P.C., arising out of case crime no.337 of 2018, P.S. Naujheel, District Mathura.
Learned counsel for the applicants has contended that the applicants no.2 and 3 have been enlarged on bail for the offence under Sections 147, 323, 504 I.P.C. and the applicants no.1 and 4 have been enlarged for the offence under Sections 323, 325, 504 IPC. He submits that the Police has submitted charge sheet against the applicants under Section 308 I.P.C. besides the aforesaid sections.
Sole prayer which has been pressed by the learned counsel for the applicants in the present application is that the applicants are ready to surrender before the court below. However, he submits that some time may be granted to them to surrender before the court below.
Considering the facts and circumstances of the case, it is provided that in case the applicants surrender before the court below within 30 days from today and apply for bail, their bail prayer 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.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 21.1.2019 S.Sharma