Shabbir And Anr vs State Of U.P.
2014 Latest Caselaw 9114 ALL

Citation : 2014 Latest Caselaw 9114 ALL
Judgement Date : 24 November, 2014

Allahabad High Court

Shabbir And Anr vs State Of U.P. on 24 November, 2014

Bench: Akhtar Husain Khan




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 22
 

 
Case :- APPLICATION U/S 482 No. - 47236 of 2014
 

 
Applicant :- Shabbir And Anr
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Onkar Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Akhtar Husain Khan,J.

Heard learned counsel for the applicants as well as learned A.G.A. for State of U.P. and perused application moved under section 482 Cr.P.C.

By filing this application under section 482 Cr.P.C. applicants have prayed to quash entire proceeding of Case No.861/9 of 2013 (State Vs. Ashif and others) in view of charge sheet dated 28.8.2013 in Case Crime No.391 of 2013, under sections 3/5A/8 Cow Slaughter Act, Police Station Kairana, District Shamli pending in the court of Additional Chief Judicial Magistrate Kairana, District Shamli.

There appears no illegality or irregularity in investigation or cognizance taken by Magistrate.

In view of above, I am of the view that there is no justification for interference under section 482 Cr.P.C.

At this stage, learned counsel for applicants prayed that a direction should be made for expeditious disposal of bail application in view of principles laid down by Seven Judges Bench of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).

A direction for expeditious disposal of bail application in view of principles laid down by this Court as well as by Apex Court in aforesaid pronouncements appears just.

In view of above it is directed that if the applicants appear before Magistrate within one month from today and move bail application, Magistrate shall dispose of their bail application expeditiously in view of principles laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).

Till expiry of one month, no coercive measure shall be taken against the applicants.

With above direction application is finally disposed off.

Order Date :- 24.11.2014