Rajeev Kashyap And Another vs State Of U.P. And Another
2014 Latest Caselaw 6368 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 50
 

 
Case :- APPLICATION U/S 482 No. - 38420 of 2014
 

 
Applicant :- Rajeev Kashyap And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Sanjay Singh,Amrendra Nath Rai
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Arvind Kumar Tripathi,J.

Heard learned counsels for the parties and perused the record.

Learned counsel for the applicant contended that earlier the complaint was lodged u/s 498A, and 3/4 D.P. Act, in which the matter was settled in between the parties. In view of the settlement the applicant no.1 hired a house on rent for living with opposite party no.2, separately. Hence, in view of the settlement the final report was submitted. However, on protest petition filed by opposite party no.2, the applicants have been summoned.

In respect of applicant no.2, issue notice to opposite party no. 2,returnable at an early date.

List after six weeks .

Till the next date of listing, further proceedings against the applicant no.2, in complaint case no. 192 of 2013, under Sections 498A, 323 I.P.C. & 3/4 D.P. Act, P.S. Ram Chandra Mission, District Shahjahnpur shall remain stayed.

In respect of applicant no.1, prayer is refused.

However if applicant no.1 appears before the court concerned within four weeks and applies for bail, it is expected that the same will be considered and disposed off, expeditiously, in accordance with law, in view of the law laid down by the Full Bench of this Court in the case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR-390 and by the Apex Court in Lal Kamlendra Pratap Singh v. State of U.P. reported in 2009 (4) SCC 437, after giving opportunity to public prosecutor. If the bail application could not be decided on the same day then he may be released on interim bail till disposal of the bail application.

Order Date :- 11.9.2014

AHN