Citation : 2015 Latest Caselaw 955 ALL
Judgement Date : 30 June, 2015
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 15 Case :- U/S 482/378/407 No. - 3049 of 2015 Applicant :- Virendra Mishra Opposite Party :- The State Of U.P And Anr. Counsel for Applicant :- Atul Verma,Anand Prakash Counsel for Opposite Party :- Govt. Advocate Hon'ble Akhtar Husain Khan,J.
Heard learned counsel for petitioner as well as learned A.G.A.
Present petition has been moved by petitioner Virendra Mishra, under Section 482 Cr.P.C. with prayer to quash entire proceedings of Case Crime No.591 of 2011, (State vs.Virendra Kumar Mishra & ors) under Sections 420, 406, 120-B I.P.C, relating to Police Station Gomti Nagar, District Lucknow, pending in the court of learned Chief Judicial Magistrate as well as impugned summoning order dated 18.21.2013 passed by aforesaid Magistrate.
At the time of hearing, learned counsel for petitioner prayed for only a direction under Section 483 Cr.P.C. for expeditious disposal of bail application.
Learned A.G.A. has no objection to this prayer.
A direction for expeditious disposal of bail application appears to be just. Petition is hereby finally disposed of with direction to Magistrate/Trial court concerned to make expeditious disposal of bail application moved by petitioner in the light of principle laid down by the seven Judges Bench of this court in the case of Amrawati & Anr Vs. State of U.P. reported in [2004 (57) ALR 290] as affirmed by Hon'ble the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)] subject to condition that petitioner shall appear before Magistrate/Trial Court concerned within one month from today and shall move bail application in accordance with law.
In the meantime, no coercive steps shall be taken against petitioner.
Time specified above shall not be extended further.
Order Date :- 30.6.2015
Ps
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