Radhika Prasad & Others vs State Of U.P. Thru. Prin. Secy. ...
2018 Latest Caselaw 2390 ALL

Citation : 2018 Latest Caselaw 2390 ALL
Judgement Date : 7 September, 2018

Allahabad High Court

Radhika Prasad & Others vs State Of U.P. Thru. Prin. Secy. ... on 7 September, 2018

Bench: Abhai Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 21
 

 
Case :- U/S 482/378/407 No. - 5436 of 2018
 

 
Applicant :- Radhika Prasad & Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home. Deptt. & Another
 
Counsel for Applicant :- Abhishek Pandey
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Abhai Kumar,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to stay the operation and implementation of the impugned Charge Sheet No. 201 of 2010 dated 3.11.2010 in Criminal Case No. 102 of 2012 Case Crime No. 1229 of 2010 under sections 147,148,336,427,332,435,353,323,504,506 and 356 I.P.C. and section 7th Criminal Law Amendment Act and Section 135-A(1) Lok Pratinidhitva Adhiniyam P.S. Kotwali Bikapur Faizabad which is pending before the Judicial Magistrate 1, Faizabad and non bailable warrant order dated 2.8.2018 passed by Judicial Magistrate 1, Faizabad.

The only prayer made by the learned counsel for the applicants is that for expeditious disposal of bail, a direction may be issued.

In the facts and circumstances of the case, it is directed 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.

Till then, no coercive action shall be taken against the applicants.

However, in case, the applicants do not appear before the Court below within the aforesaid period, protection granted will stand vacated automatically.

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

Order Date :- 7.9.2018