Mohammad Hasan @ Galle And Ors. vs The State Of U.P And Anr.
2015 Latest Caselaw 18 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 21
 

 
Case :- U/S 482/378/407 No. - 1531 of 2015
 

 
Applicant :- Mohammad Hasan @ Galle And Ors.
 
Opposite Party :- The State Of U.P And Anr.
 
Counsel for Applicant :- Dinesh Kumar Chaudhary
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Vishnu Chandra Gupta,J.

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

By means of this petition, under Section 482 of Cr.P.C., petitioners, namely, Mohammad Hasan @ Galle, Sabir Husain @ Kunake and Tahir @ Naau have prayed for quashing the impugned order dated 13.12.2011 passed by learned Judicial Magistrate 1st, Balrampur in Complaint Case No.546 of 2011 (Imamuddin Vs. Mushtakeem and others), under Sections 392, 504, 506(2) IPC, Police Station Tulsipur, District Balrampur and order dated 19.08.2014.

It has been contended by learned counsel for the petitioners that the petitioners have not been arrested. Neither they have surrendered before the court below nor got them bailed out.

From the perusal of material on record, it could not be said that no case is made out against the petitioners. Therefore, at this stage no interference is called for by this Court. The petition lacks merit.

However, if the petitioners surrender before the court below within three weeks 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 the case of Lal Kamlendra Pratap Singh Vs. State of U.P.; 2009 (3) ADJ 322 (SC).

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

With this observation, the petition is finally disposed of.

Order Date :- 18.4.2015

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