Sureshpal And An 3Others vs State Of U.P. And Another
2021 Latest Caselaw 510 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 19535 of 2020
 

 
Applicant :- Sureshpal And An 3others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Vikas Sharma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dr. Yogendra Kumar Srivastava,J.

Heard learned counsel for the applicants, learned AGA for the State-opposite party no.1 and perused the record.

This application under Section 482 CrPC has been filed by the applicants to quash the charge sheet no. 381 of 2019 dated 16.11.2019 as well as cognizance order dated 22.09.2020 in Case No. 1477 of 2020 (State vs. Sureshpal and others) arising out of Case Crime No. 330 of 2019, under Sections 323, 504, 506, 352, 325 and 308 IPC, P.S. Nakud, District Saharanpur pending before the Court of the learned Additional Chief Judicial Magistrate-II, Saharanpur.

Learned counsel for the applicants after making submissions to some extent has fairly submitted that the necessary grounds for invoking the inherent powers of this Court under Section 482 CrPC have not been made out in the facts of the present case. Accordingly, he does not wish to press his prayer as made in the present application.

In view of the above, the relief as sought in the instant application is refused.

At this stage counsel for the applicants has made an alternative prayer for a direction to be issued to the court below to consider and decide the bail application of the applicants, expeditiously in accordance with law.

Considering the aforesaid prayer made by the learned counsel for the applicants, it is directed that in case the applicants appear and surrender before the concerned court below within 30 days from today and apply for bail, the bail application of the applicants shall be heard and disposed of expeditiously by the court below in accordance with law keeping in view of the seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 CrLJ 755 as well as judgment of the Hon'ble Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. (2009) 4 SCC 437.

For the period of 30 days from today or till the date of appearance of the applicants before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicants in the above case.

With the above observations and directions, this application under Section 482 CrPC is disposed of.

Order Date :- 8.1.2021

Imroz

(Dr. Y. K. Srivastava, J.)