Court No. - 70
Case :- APPLICATION U/S 482 No. - 47708 of 2018 Applicant :- Sudhir Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jyoti Bhushan Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
This application has been filed by the applicant with a prayer to quash the N.B.W. order dated 10.10.2018 passed by Additional Civil Judge (J.D.) Mohammdabad/Judicial Magistrate, Court No.2, Ghazipur in complaint case no. 266 of 2014 (Saroj Devi Vs. Sudhir and others), under Sections 323, 504, 506, 498A IPC and 3/4 D.P. Act, Police Station Karimuddinpur, District Ghazipur.
After advancing his arguments at some length, learned counsel for the applicant gave up his challenge to the impugned N.B.W. order dated 10.10.2018 and made a prayer that a direction be issued to the courts below to consider and decide the bail application of the applicant expeditiously in accordance with law. He further submitted at the Bar that he is not pressing any other prayer made in the application.
In view of above, relief as prayed in the application is refused.
However, considering the prayer made by learned counsel for the applicant, it is directed that in case the applicant appears before the court concerned within 45 days from today and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by the Seven Judges' decision of this Court 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 in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For the period of 45 days no coercive action shall be taken against the applicant.
With the above directions, this application is disposed of finally.
Order Date :- 21.1.2019 AK Pandey