Chandra Sen And Others vs State Of U.P.And Another
2017 Latest Caselaw 1966 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- APPLICATION U/S 482 No. - 34515 of 2010
 

 
Applicant :- Chandra Sen And Others
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Jitendra Pal Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Raghvendra Kumar,J.

Heard learned counsel for the applicants and learned A.G.A. for the State of U.P.

Applicants Chandra Sen, Smt. Dulari Devi, Jay Pal, Niranjan, and Smt. Gangadai have invoked the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the summoning order dated 05.05.2010 passed in Complainant Case No.69 of 2010, (Smt. Archana Saxena vs. Chandra Sen and others) under section 406 I.P.C. Police Station- Amariya, District-Pilibhit, pending before the Court of learned Judicial Magistrate, Pilibhit.

After arguing at some length the learned counsel for the applicant confines his prayer for issuance of appropriate direction for bail at this stage. Learned counsel also prays for liberty to the applicants for raising all the pleas, which have been raised in this petition while moving discharge application before the Court below.

Learned A.G.A. has supported the cognizance.

I have very carefully examined the submissions advanced by the learned counsel for the applicant and gone through the record. The prayer sought for in this petition is hereby refused.

Without expressing any opinion the merits of the case, this petition u/s 482 Cr. P. C. is disposed of with a direction that in case the applicants move surrender and bail application before the Courts below within a period of six weeks 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, if possible, on the same day. Till then, no coercive measures shall be taken against the applicants in the above mentioned case. While considering the bail application of applicant No.1, 2 and 5 the Court below shall bear in mind the special protection granted under section 437 Cr.P.C. to women and old person

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. 

The petition is disposed of in the light of aforesaid observations.

Order Date :- 6.7.2017

Swati