Sharafat @ Vikram And 3 Others vs State Of U.P. And Another
2019 Latest Caselaw 5805 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 70
 

 
Case :- APPLICATION U/S 482 No. - 26286 of 2019
 

 
Applicant :- Sharafat @ Vikram And 3 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ramesh Kumar Shukla
 
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. 11 2019 dated 22.2.2019 filed in Case No. 391 of 2019 (State vs. Sharafat @ Vikram and others) arising out of Case Crime No. 45 of 2018, under Sections 498-A, 323, 494 376 and 377 IPC, police station Mahila Thana, district Gautam Budh Nagar as well as entire proceedings of aforesaid case, which is pending in the court of Civil Judge/ Fast Track Court, Gautam Budh Nagar

Learned counsel for the applicants after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge-sheet dated 22.2.2019 against the applicants and requested to grant some protection, so that applicants may surrender before the court below. 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 applications of the applicants expeditiously in accordance with law.

Considering the prayer made by 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 applications 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 in the above mentioned case.

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

Order Date :- 8.7.2019

Sumaira