Munna Lal Kushwah And 3 Ors. vs State Of U.P. And Another
2014 Latest Caselaw 4720 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 

 
Case :- APPLICATION U/S 482 No. - 32949 of 2014
 

 
Applicant :- Munna Lal Kushwah And 3 Ors.
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ashutosh Pratap Singh,Lokendra Pratap Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Vipin Sinha,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No.308 of 2013, (State Vs. Munna Lal and others), arising out of Case Crime No. 106 of 2013, under Sections 323, 504, 506 IPC and 3(1) 10 of SC/ST Act, pending in the court of Ist Additional Civil Judge (Junior Division), shikohabad, Firozabad, P.S. Fariha, District Firozabad.

After hearing the learned counsel for the parties and after perusing the averments made in the present application, the prayer for quashing the proceedings of the aforementioned case is refused.

However, it is directed that in case applicants 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 or till the applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

With the aforesaid direction, the application is disposed off finally.

Order Date :- 21.8.2014

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