Nirdosh vs State Of U.P. And Another
2021 Latest Caselaw 1380 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 78
 

 
Case :- APPLICATION U/S 482 No. - 16849 of 2020
 
Applicant :- Nirdosh
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Lakshman Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Heard learned counsel for applicants and learned A.G.A. for State.

This is an application filed under Section 482 Cr.P.C. to quash the cognizance order dated 24.12.2018 and the entire proceedings of Case No.5547 of 2018 (State vs. Nirdosh), under Section 25 Arms Act, Police Station - Orai, District - Jalaun, pending in the court of Chief Judicial Magistrate, Orai, District - Jalaun.

Learned counsel for the applicant after arguing for some time, on instructions, submits that applicant does not want to press the aforesaid prayer. However, he submits that in case, applicant surrenders before the trial court and file bail application, the same shall be considered and decided expeditiously.

Learned AGA has not opposed the prayer made by learned counsel for the applicant regarding expeditious disposal of bail application.

Accordingly, the prayer made in the application, is hereby, rejected. However, in case, the applicant surrenders before the trial court and file bail application, the same shall be considered and decided expeditiously, in accordance with law, considering the judgment passed by the Hon'ble Supreme Court in Lal Kamlendra Pratap Singh Versus State of UP and Ors reported in 2009 (4) SCC 437.

Considering the prevailing situation due to COVID-19 Pandemic as also the undertaking given by applicant, a one time protection for 45 days from today is granted, restraining respondents from taking any coercive action against applicants pursuant to aforesaid criminal case.

With the aforesaid directions, the application is disposed of.

Order Date :- 21.1.2021

Rishabh

[Saurabh Shyam Shamshery, J.]