Court No. - 77
Case :- MATTERS UNDER ARTICLE 227 No. - 8729 of 2019 Petitioner :- Reshpal Singh And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Sushil Kumar Counsel for Respondent :- G.A.
Hon'ble Ram Krishna Gautam,J.
This petition under Article 227 of the Constitution of India has been filed seeking staying of the effect and operation of impugned summoning order dated 15.12.2016, pertaining to Complaint Case No. 3133 of 2016 (Raj Kumar Vs. Pinki and others), under Sections 198, 468, 471, 120-B I.P.C., Police Station Dhanari, District Budaun and order dated 18.02.2019, passed by Session Judge, Sambhal situated at Chandausi in Criminal Revision No. 16 of 2018 (Pinki and others Vs. Raj Kumar).
At the very out-set learned counsel appearing on behalf of the petitioners submits that he does not want to press the principal prayer, as has been made in the petition. They are ready to submit to the jurisdiction of the court, seek bail and accept all the conditions which this Court may deem fit to impose upon them. The only prayer made by the learned counsel for the petitioners 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 petitioners, the petition so far as it relates to seeking staying of the effect and operation of impugned summoning order dated 15.12.2016 and order dated 18.02.2019, stands dismissed.
However, it is directed that if the petitioners 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 petitioners. However, in case, the petitioners do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid observations, this petition is finally disposed off.
Order Date :- 26.11.2019 NS