Court No. - 49
Case :- APPLICATION U/S 482 No. - 32024 of 2018
Applicant :- Shiv Sagar And 2 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Ravindra Prakash Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the impugned order dated 2.6.2018 passed by Additional Sessions Judge/Fast Track Court, Second, Sant Kabir Nagar in Special Sessions Trial No. 33 of 2014 (State Vs. Shiv Sagar and others) arising out of Case Crime No. 692 of 2014, under Sections 363, 366, 368, 506, 376 IPC and 3/4 POCSO Act, Police Station Dhanghata, District Sant Kabir Nagar
3. Admittedly, the applicants had challenged the charge sheet and the summoning order in 482 Application No. 33965 of 2014, wherein interim protection had been granted to the applicants. The said application is stated to be pending. Learned counsel for the applicants submits that they do not intent to press this application any further and he would be filing an application in that regard in that pending proceeding.
4. Having heard the learned counsel for the applicants and perused the materials brought on record, it does not appear to be a fit case to quash the impugned order. The prayer to quash the same is hereby refused, at this stage as the argument raised by learned counsel for the applicants involve factual disputes and appraisal of evidence.
5. However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicants appear and surrender before the court below within 30 days from today and applies 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 Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
6. For a period of 30 days from today, the non-bailable warrant issued against the applicants shall be kept in abeyance.
7. The present application stands disposed of.
Order Date :- 17.9.2018 Mini