Court No. - 70
Case :- APPLICATION U/S 482 No. - 9763 of 2019 Applicant :- Urmila Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Madhvendra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the orders dated 19.12.2018 and 20.9.2018 passed by Special Judge POCSO Act/Additional Session Judge, court no. 8, Farrukhabad in Special Session Trial No. 43 of 2018 (State vs. Jagat Ram and others) arising out of Case Crime No. 129 of 2018, under Sections 363 and 366 IPC, police station Rajepur, district Farrukhabad.
Learned counsel for the applicant after advancing his arguments at some length, gave up his challenge to the aforesaid impugned proceedings against the applicant and requested to grant some protection, so that applicant may surrender before the court below. Learned counsel for the applicant further stated at the bar that he is not pressing any other prayer made in this application and prayed that a direction be issued to the courts below to consider and decide the bail application of the applicant expeditiously in accordance with law.
Considering the prayer made by learned counsel for the applicant, it is directed that in case applicant appears before the concerned court below within 30 days from today and applies for bail, the bail application of the applicant shall be heard and disposed of expeditiously by the courts below in accordance with settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement passed by Hon'ble Apex Court in (2009) 4 Supreme Court Cases, 437, Lal Kamlendra Pratap Singh Vs. State of U.P.
For the period of 30 days from today, no coercive action shall be taken against the applicant in the above mentioned case.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 29.4.2019 Sumaira