Mukhtar And 3 Others vs State Of U.P. And Another
2019 Latest Caselaw 3354 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 70
 

 
Case :- APPLICATION U/S 482 No. - 15700 of 2019
 

 
Applicant :- Mukhtar And 3 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Mohd. Samiuzzaman Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicants and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.

This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge-sheet no. 548 of 2018 dated 12.12.2018 arising out of Case Crime No. 708 of 2018 as well as cognizance order dated 19.12.2018 and proceedings of case no. 6000 of 2018 (State Vs. Mohd. Irfan and others), under Sections 147, 148, 149, 307, 427, 323, 504, 506, 452, 436, 353, 332 IPC and 7 Criminal Law Amendment Act and Section 3/4 The Prevention of Public Property Act , Police Station Gulariha, District - Gorakhpur pending in the court of Additional Chief Judicial Magistrate, Court No.4, Gorakhpur.

The learned counsel for the applicants after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge-sheet dated 12.12.2018 against the applicants and requested to grant some protection, so that applicants may surrender before the court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application and prayed that a direction be issued to the courts below to consider and decide the bail application of the applicants expeditiously in accordance with law.

Considering the prayer made by the learned counsel for the applicants, it is directed that in case applicants appear before the concerned court below within 45 days from today and apply for bail, the bail application of the applicants shall be heard and disposed of expeditiously by the courts below in accordance with settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement passed by Hon'ble Apex Court in (2009) 4 Supreme Court Cases, 437 Lal Kamlendra Pratap Singh Vs. State of U.P.

For the period of 45 days from today, no coercive action shall be taken against the applicants.

With the above observations, this application under Section 482 Cr.P.C. is disposed of.

Order Date :- 23.4.2019

AK Pandey