Court No. - 77
Case :- APPLICATION U/S 482 No. - 16911 of 2019 Applicant :- Saurabh Mishra And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sharique Ahmed Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by the Hon'ble Senior Judge vide order dated 29.4.2019.
Heard, learned counsel for the applicants and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet no. 553 of 2018 dated 25.12.2018 as well as cognizance/summoning order dated 7.3.2019 passed by learned Special C.J.M., Kanpur Nagar, arising out of Case Crime No. 619 of 2018, under Sections 498A, 323, 504, 506 IPC and 3/4 of D.P. Act, Police Station Barra, District Kanpur Nagar and also stay the further proceedings of Case No. 5496 of 2019 (State Vs. Saurabh Mishra and another),arising out of Case Crime No. 0619 of 2018, under Sections 498A, 323, 504, 506 IPC and 3/4 of D.P. Act, Police Station Barra, District Kanpur Nagar, pending in the court of Special C.J.M., Kanpur Nagar.
Learned counsel for the applicants submitted that impugned order passed is illegal, arbitrary, perverse and without evidence.
Learned AGA opposed and submitted that the impugned order is passed after considering whole evidence on record and is just and legal.
From the perusal of record, it transpires that after investigation, charge sheet has been submitted and cognizance was taken against the applicants.
Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, the Court is of the view that no case is made out to interfere with the impugned order. There is no infirmity or illegality in the said order. The prayer made in the application is refused.
However, it is observed that in case the applicants surrender and apply for bail within two months from today, the same shall be considered and decided in view of the settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR 290 and affirmed by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (3) ADJ 322 (SC). For a period of two months from today, no coercive action shall be taken against the applicants.
It is made clear that no further time shall be allowed to the applicants to surrender before the court concerned.
With the above observations/direction, the application stands disposed of finally.
Order Date :- 29.4.2019 OP