Court No. - 77
Case :- APPLICATION U/S 482 No. - 46419 of 2019 Applicant :- Shankar Lal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kripa Shankar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
This application u/s 482 Cr.P.C. has been filed by Shankar Lal with prayer for quashing entire proceeding of Complaint Case No. 298 of 2017, Kailash Nath Vs. Shankar Lal and another, u/s 420, 465, 467, 468 IPC, P.S. Gopiganj, District Bhadohi Gyanpur, along with summoning order dated 12.11.2018 and N.B.W. dated 13.11.2019 pending in the court of J.M. 2nd, Bhadohi Gyanpur.
At the very out-set learned counsel appearing on behalf of the applicants argued that he does not want to press the principal prayers seeking quashing of the summoning order and the entire proceeding of above complaint case, as have been made in the application. The only prayer made by the learned counsel for the applicants is that the hearing of the bail application may be done on the same day.
Heard learned AGA and perused the record.
In view of the submission made by the learned counsel for the applicants, the application, so far as it relates to quashing of the summoning order and the entire proceeding of complaint, stands dismissed.
However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail 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.
For a period of 30 days from today, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
Order Date :- 19.12.2019 Pcl