Bramha Deen vs State Of U.P. & Anr.
2019 Latest Caselaw 6146 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- U/S 482/378/407 No. - 4826 of 2019
 

 
Applicant :- Bramha Deen
 
Opposite Party :- State Of U.P. & Anr.
 
Counsel for Applicant :- Manish Mani Sharma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the impugned summoning order dated 11.04.2019 passed by Additional Chief Judicial Magistrate, Ist, Lakhimpur Kheri in Criminal Case No. 1344 of 2018 arising out of Case Crime No.87 of 2018, under Sections 504, 506 and 406 I.P.C, Police Station Nighasan District Lakhimpur Kheri.

After arguing the matter up to some length, learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicant may be permitted to surrender and move bail application before the court concerned and suitable directions may be issued that the same may be heard and decided expeditiously, in accordance with law.

Learned A.G.A. has no objection in grant of aforesaid prayer.

In view of above, it is provided that if the applicant surrenders before the court below within four weeks' from today, and applies for bail, his application for bail shall be considered and decided by the courts below in view of the settled law laid down by the Full Bench of this Court in the case of Amrawati & Another Vs. State of U.P. reported in 2004 (57) ALR 290, as affirmed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).

It is made clear that this order shall not be treated as an implied direction of this Court to grant bail to the applicant and the court concerned shall be at liberty to pass appropriate order in accordance to law.

Till the aforesaid period of thirty days, no coercive measures shall be taken against the applicant in the aforesaid case.

In case, applicant fails to surrender before the Courts below, within the stipulated period of thirty days, he will not get benefit of this order.

Therefore, the applicant is permitted to move his discharge application and in case any such application is being filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.

With above directions this application stands disposed of.

Order Date :- 9.7.2019

Amit/-