Bala And Another vs State Of U.P. & Another
2015 Latest Caselaw 750 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- APPLICATION U/S 482 No. - 15148 of 2015
 

 
Applicant :- Bala And Another
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Anand Srivastava
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Suneet Kumar,J.

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

This applicatin has been filed for quashing the impugned order dated 14.5.2015 passed by the Special Judge (SC/ST Act), Kanpur Nagar in Session Trial No. 211 of 2010 (State Vs. Chunghal @ Shafiq and others) arising out of Case Crime No. 189 of 2008 , under Sections 323, 504, 506 IPC & 3 (1) X SC/ST Act, P.S. Colonal Ganj, District-Kanpur Nagar.

I have gone through the memo of application and the affidavit filed in support of this revision, as well as the impugned order and I do not find that the impugned order suffers from any illegality or infirmity requiring any interference by this Court. The learned Additional Sessions Judge/Special Judge (SC/ST Act) after noticing that there was legally admissible evidence on record indicating at the complicity of the applicants in the commission of offence under Sections323, 504, 506 IPC & 3 (1) X SC/ST Act, summoned the applicants to face the trial of the charges.

However, it is provided that in case the 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.

However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

It is made clear that the applicants will not be granted any further time by this Court for surrendering before the Court below as directed above. 

With the aforesaid directions, this application is finally disposed of.

Order Date :- 28.5.2015

Ashish Pd.