Court No. - 70
Case :- APPLICATION U/S 482 No. - 1011 of 2019 Applicant :- Sandip Kumar Opposite Party :- State Of Up And Another Counsel for Applicant :- Kaustubh Srivastava,Kandarp Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Supplementary affidavit filed today on behalf of the applicant, is taken on record.
Heard learned counsel for the applicant and learned AGA for the State.
This application has been filed by the applicant with a prayer to quash the entire proceedings of the Complaint Case No. 4264 of 2018 (Bharat Bhushan Vs. Sandip & others), under Sections 406, 448, 427, 504 & 506 I.P.C. Police Station Ganga Nagar, District Meerut, as well as summoning order dated 16.8.2018 passed by Additional Civil Judge (Junior Division)/ Judicial Magistrate, Court No.1, Meerut.
After advancing his arguments at some length, learned counsel for the applicant gave up his challenge to the impugned summoning order dated 16.08.2018 and made a prayer that a direction be issued to the courts below to consider and decide the bail application of the applicant expeditiously in accordance with law. He further submitted at the Bar that he is not pressing any other prayer made in the application.
In view of above, relief as prayed in the application is refused.
However, considering the prayer made by learned counsel for the applicant, it is directed that in case the applicant appears before the court concerned within 45 days from today and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the 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 Cr.L.J. 755 as well as judgement passed by Hon'ble Apex Court in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For the period of 45 days no coercive action shall be taken against the applicant.
With the above directions, this application is disposed of finally.
Order Date :- 21.1.2019/SKD