Court No. - 49
Case :- APPLICATION U/S 482 No. - 7085 of 2018
Applicant :- Shrikrishna And 2 Ors
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- Jeetendra Kumar Sharma
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A for the State.
This application under Section 482 Cr.P.C. has been filed to quash order dated 5.12.2017 in Criminal Revision No. 41/2016 (Shrikrishna & 3 others Vs. State of U.P. and another) as well as order dated 8.6.2015, passed by Chief Judicial Magistrate, Auraiya in Case No. 1225/014 (State Vs. Shrikrishna and others) arising out of Case crime no. 101/2011, under Sections 420, 467, 468, 471, 504, 506 IPC, Police Station Airva Katra, District Auraiya, pending before the Court of learned Chief Judicial Magistrate, Auraiya.
Having heard the learned counsel for the applicants and perused the materials brought on record, it do not appear to be a fit case to quash the impugned order. The prayer to quash the same is hereby refused, at this stage.
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 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 and no more, from today, the non-bailable warrant issued against the applicants shall be kept in abeyance.
In case, the applicants do not appear before the Court below within the aforesaid period, the trial Court shall adopt all coercive measures to secure their attendance.
The present application stands disposed of. Order Date :- 28.2.2018 Mini