Learned learned counsel for the applicants and learned A.G.A. for the State.
The applicant, through the present application under Section 482 Cr.P.C. has invoked the inherent jurisdiction of this Court for quashing the charge- sheet and entire criminal proceedings of Case No.1919 of 2006 ( Smt. Aneeta Prajapati Vs. Subhash Prajapati and others ) under Sections 498- A,323, 504 and 506 I.P.C. Police Station and Section 3/ 4 of Dowry Prohibition Act , P.S. Bhelupur District Varanasi pending in the Court of A.C.J.M.-II Varanasi.
During the course of argument, learned counsel for the applicant has prayed that the court below be directed to decide the bail application of the applicant the same day . After hearing learned counsel for the applicant and learned A.G.A., this application is finally disposed of with a direction that if the applicants surrender before the court below within 2 months from today and apply for bail, their bail application shall be considered and decided in view of the settled law laid down by the Seven Judges, decision of the Court in the case of Amarawati and another Vs. State of U.P., reported in 2004 (57) ALR, 290 and the said judgment has been affirmed by the Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. , decided on 23.3.2009, in Criminal Appeal No. 538 of 2009 after hearing the public prosecutor in the aforesaid case.
Till then, no coercive process shall be adopted against the applicants in pursuance of the aforesaid Case No. 1919 of 2006 ( Smt. Aneeta Prajapati Vs. Subhash Prajapati and others ) under Sections 498-A,323, 504 and 506 I.P.C. Police Station and Section 3/ 4 of Dowry Prohibition Act , P.S. Bhelupur District Varanasi pending in the Court of A.C.J.M.-II Varanasi. 19.1.2010 5229/07 n.u.