Court No. - 44
Case :- APPLICATION U/S 482 No. - 45373 of 2018 Applicant :- Somai And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Dinesh Kumar Yadav,Atmaram Nadiwal Counsel for Opposite Party :- G.A.,Bibhuti Narayan Singh
Hon'ble Rahul Chaturvedi,J.
Heard Sri Sanjay Singh holding brief of Sri Atmaram Nadiwal, learned counsel for the applicants and Bibhuti Narayan Singh learned counsel for opposite party no.2 and learned A.G.A. for the State and perused the record.
By means of the instant 482 Cr.P.C. application, the applicants sought prayer for quashing the consequential proceedings of cognizance order dated 20.07.2018 as well as the impugned charge sheet submitted in Case Crime No. 87 of 2018, under Sections 323, 325, 504, 506, 427, 308 I.P.C., Police Station Kothibhar, District Maharajganj, now registered as a Case No. 4506 of 2018 (State Vs. Somai and others) pending before the Chief Judicial Magistrate, Maharajganj.
But at the outset learned counsel has categorically submitted that he does not want to press the above prayer to that extent only or address the court on merits of the case and accordingly, the present 482 Cr.P.C. application stands dismissed.
The only prayer sought by the learned counsel for the applicants is that a direction may be given to learned courts below to decide the bail application expeditiously, and the learned court below may be directed not to issue coercive measure to procure the attendance of the applicant on their solemn undertaking by the learned counsel for the applicants that their client are keen and willing to cooperate and participate in the trial.
This Court directs that no coercive action shall be taken against the applicants in Case Crime No. 87 of 2018, under Sections 323, 325, 504, 506, 427, 308 I.P.C., Police Station Kothibhar, District Maharajganj, now registered as a Case No. 4506 of 2018 (State Vs. Somai and others) pending before the Chief Judicial Magistrate, Maharajganj for a period of 45 days from today.
During this period in the event the bail application is moved by the applicant, the courts below is directed to deal and decide in accordance with law in the light of the ratio laid down in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr. L. J. 755 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.
With the aforesaid directions, this application is finally disposed of.
It is made clear that no further time would be granted beyond 45 days in any case for this purpose.
Order Date :- 19.12.2018 Ashok Gupta