Dhanvir Singh vs State Of U.P. And Another
2021 Latest Caselaw 642 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 19158 of 2020
 

 
Applicant :- Dhanvir Singh
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Hitesh Pachori
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dr. Yogendra Kumar Srivastava,J.

Heard Hitesh Pachori, learned counsel for the applicant and Sri Sanjay Sharma, learned AGA for the State-opposite party no. 1 and perused the record.

This application under Section 482 CrPC has been filed by the applicant to quash the proceedings under the charge sheet dated 19.5.2017 and the cognizance dated 19.2.2018, in Case No. 1143 of 2018 (State of U.P. vs. Dhanvir & others), arising out of Case Crime No. 0301 of 2017, under Sections 323, 427, 452, 506 IPC, Police Station Jagdishpura, Agra, alongwith the N.B.W. dated 12.8.2020, pending in the Court of Special Chief Judicial Magistrate, Agra.

Learned counsel for the applicant 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 application.

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

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

Considering the aforesaid prayer made by the learned counsel for the applicant, it is directed that in case the applicant appears and surrenders before the concerned court below within 30 days from today and applies for bail, the bail application of the applicant 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 applicant before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicant in the above case.

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

Order Date :- 11.1.2021

Shalini

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