Citation : 2021 Latest Caselaw 2114 ALL
Judgement Date : 8 February, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- U/S 482/378/407 No. - 572 of 2021 Applicant :- Ram Jiyawan & Another Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
1. Heard Sri Santosh Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State.
2. This application has been filed by the applicant for quashing the entire proceedings of Criminal Case No. 183 of 2020, State Vs. Vijay Kumar and others, arising out of Case Crime No. 45 of 2020, under Sections - 147, 323, 308, 325, 504, 506 I.P.C., relating to Police Station - Inayat Nagar, District - Ayodhya, pending in the Court of Civil Judge (Junior Division)- III/Judicial Magistrate, Faizabad as well as impugned Chargesheet No. 236/20, dated 03.06.2020 submitted by the Investigating Officer against the applicants in aforesaid case crime number.
3. From the perusal of the impugned charge sheet as well as record, no case for quashing the charge sheet is made out.
4. After arguing the matter at some length, learned counsel for the applicants restricts his prayer to grant appropriate relief in light of the judgment passed in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC).
5. Learned A.G.A. has no objection to the aforesaid prayer.
6. In view thereof, it is provided that if the applicants namely Ram Jiyawan and Anil Kumar surrender before the Court below within four weeks' from today and apply for bail, the Court below will consider the same, in accordance with law in view of the observations made in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)]
7. For a period of four weeks', no coercive steps shall be taken against the applicanta in the aforesaid case.
8. With the aforesaid observations, the present application stands disposed of.
(Alok Mathur, J.)
Order Date :- 8.2.2021/Ravi
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