Anil Kumar vs State Of U.P. And Another
2019 Latest Caselaw 6162 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 70
 

 
Case :- APPLICATION U/S 482 No. - 26534 of 2019
 

 
Applicant :- Anil Kumar
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ramji Singh Patel
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Singh,J.

Shri Sandeep Kumar Gupta, learned counsel has filed his Vakalatnama today on behalf of opposite party no.2, which is taken on record.

Heard learned counsel for the applicant, learned counsel for opposite party no. 2 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 applicant with a prayer to quash the charge-sheet dated 25.8.2018, cgnizance order dated 9.10.2018 as well as entire proceedings of Criminal Case No. 13324 of 2018 (State vs Anil Kumar and others) arising out of Case Crime No. 127 of 2018, under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, police station Marhara, district Etah.

Learned counsel for the applicant after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge-sheet dated 25.8.2018 against the applicant and requested to grant some protection, so that applicant may surrender before the court below. Learned counsel for the applicant 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 applicant expeditiously in accordance with law.

Considering the prayer made by learned counsel for the applicant, it is directed that in case applicant appears before the concerned court below within 45 days from today and applies for bail, the bail application of the applicant 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 applicant in the above mentioned case.

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

Order Date :- 9.7.2019

Sumaira