Citation : 2016 Latest Caselaw 5040 ALL
Judgement Date : 9 August, 2016
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 49 Case :- APPLICATION U/S 482 No. - 21387 of 2016 Applicant :- Ravindra And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pradeep Kumar Bhardwaj Counsel for Opposite Party :- G.A. Hon'ble Raghvendra Kumar, J.
Heard learned counsel for the applicants and learned A. G. A. for the State of U. P. and perused the material available on record.
Applicant - Ravindra and others have invoked the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the entire proceedings of Criminal Case No. 595 of 2015 - (State Vs. Ravindra & others) arising out of Case Crime No. 294 under Section 379 I.P.C, Police Station Anoopshahar, District - Bulandshahr, including charge - sheet dated 04.05.2015, pending in the Court of Additional Chief Judicial Magistrate, Anoopshahar, District - Bulandshahr, as well as to stay the entire proceedings of the aforesaid case.
After arguing at some length, learned counsel for the applicants submits that the applicant does not want to press this application on merits and he confines his prayer only to the extent that necessary direction may be issued to the court below for expeditious disposal of bail.
Learned A.G.A. has no objection to the prayer so made.
I have very carefully examined the submissions advanced by the learned counsel for the applicants and gone through the record. The prayer for quashing the charge sheet is hereby refused.
However, in case the applicants move surrender and bail application before the Courts below within a period of 30 days from today, the same shall be considered and decided expeditiously by the learned Court below bearing in mind the various propositions of law and guidelines laid down by this Court as well as by the Hon'ble Apex Court from time to time through various pronouncements, if possible, on the same day. Till then, no coercive measures shall be taken against the applicants in the above mentioned case. It is also made clear that no further time would be extended for surrender and bail. This order shall not be treated as an implied direction of this Court to grant bail. The bail prayer shall be considered by the Court concerned in accordance with law.
Application/petition stands disposed of with the observations made above.
Order Date :- 09.08.2016.
Vinod.
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