Km. Bulbul And Others vs State Of U.P. And Another
2012 Latest Caselaw 5737 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 

 
Case :- APPLICATION U/S 482 No. - 40049 of 2012
 

 
Petitioner :- Km. Bulbul And Others
 
Respondent :- State Of U.P. And Another
 
Petitioner Counsel :- Alpana Dwivedi
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vishnu Chandra Gupta,J.

Heard learned counsel for the petitioners and learned AGA for the State.

By means of this petition under Section 482 Cr.P.C. the petitioners have prayed for quashing the entire proceeding of Case No. 1313 of 2012 arising out of case crime no. 311 of 2011 under sections 4998-A,323,504, 506 I.P.C. and 3/4 D.P.Act P.S.  Kotwali Nagar, District Saharanpur  (State Vs. Abdulla and others) pending in the court of Chief Judicial Magistrate, Saharanpur including  chargesheet dated 15.12.2011 and cognizance order dated  18.2.2012. 

Learned counsel for the petitioners has confined their arguments only to the extent that the benefit of judgment rendered by the Apex Court reported in 2009 (3) ADJ 322 (SC) (Lal Kamlendra Pratap Singh Vs. State of U.P.) may be extended to the petitioners while deciding their bail application by lower court.

Considering the submission of learned counsel for the petitioners for which learned AGA has no objection.

This petition is finally disposed of with direction to court concerned that if petitioners surrender before the court below within 15 days from today and move bail application, the same shall be considered and disposed of expeditiously in accordance with law and also keeping in view the directions contained in the judgment delivered by the Apex Court in Lal Kamlendra Pratap Singh (supra).

For 15 days or till the date of surrender, whichever is earlier, no coercive steps shall be taken against the petitioners.

Order Date :- 26.11.2012

GSY