Court No. - 84
Case :- APPLICATION U/S 482 No. - 19318 of 2020 Applicant :- Shamsad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Jamshed Khan Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard learned counsel for the applicant and Sri Arvind Kumar, learned AGA for the State-opposite party no. 1 and perused the record.
This application under Section 482 CrPC has been filed by the applicant to quash the impugned notice dated 7.10.2020 issued by the learned Additional Chief Judicial Magistrate Ist, Varanasi by which the learned Magistrate has issued N.B.W. against the applicant for his appearance fixing 6.11.2020, arising out of Case Crime No. 126 of 2020 under Section 3/5.A/8 Cow Slaughter Act, Section 11 Animal Cruelty Act and Section 429 IPC, Police Station Cholapur, District Varanasi.
Learned counsel for the applicant at the very outset has fairly submitted that the necessary grounds for invoking the inherent powers of this Court under Section 482 CrPC have not been made out in the facts of the present case. Accordingly, he does not wish to press his prayer as made in the present application.
In view of the above, the relief as sought in the instant application is refused.
At this stage counsel for the applicant has made an alternative prayer for a direction to be issued to the court below to consider and decide the bail application of the applicant, expeditiously in accordance with law.
Considering the aforesaid prayer made by the learned counsel for the applicant, it is directed that in case the applicant appears and surrenders before the concerned court below within 30 days from today and applies for bail, the bail application of the applicant shall be heard and disposed of expeditiously by the court below in accordance with law keeping in view of the seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 CrLJ 755 as well as judgment of the Hon'ble Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. (2009) 4 SCC 437.
For the period of 30 days from today or till the date of appearance of the applicant before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicant in the above case.
With the above observations and directions, this application under Section 482 CrPC is disposed of.
Order Date :- 6.1.2021 Shalini (Dr. Y.K.Srivastava,J.)