Prashant Tiwari And 2 Others vs State Of U.P. And Another
2021 Latest Caselaw 1387 ALL

Citation : 2021 Latest Caselaw 1387 ALL
Judgement Date : 21 January, 2021

Allahabad High Court

Prashant Tiwari And 2 Others vs State Of U.P. And Another on 21 January, 2021

Bench: Saurabh Shyam Shamshery




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 78
 

 
Case :- APPLICATION U/S 482 No. - 14270 of 2020
 

 
Applicant :- Prashant Tiwari And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Brijesh Kumar Mishra
 
Counsel for Opposite Party :- G.A.,Rajesh Kumar Pandey
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Heard Shri Brijesh Kumar Mishra, learned counsel for the applicants, Sri R.K. Pandey, learned counsel for the opposite party no.2 and learned AGA for the State.

The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 30.04.2020 as well as summoning order dated 16.06.2020 passed by Judicial Magistrate Ist Court no.17, Jaunpur, in case no.4416 of 2020 (State vs. Prashand Tiwari and 2 Others) in arising out of case crime no.44 of 2020, under Section 354 of I.P.C. and 67A I.T. Act, Police Station Sujanganj, District Jaunpur, pending in the court of Judicial Magistrate Ist Court no.17, Jaunpur.

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

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

Accordingly, the prayer made in the application, is hereby, rejected. However, in case, the applicants surrender before the trial court and files 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 applicants, 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

A.Dewal