Raj Srivastava @ Rajeshwar ... vs State Of U.P. And Another
2021 Latest Caselaw 653 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 366 of 2021
 

 
Applicant :- Raj Srivastava @ Rajeshwar Prakash
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Om Prakash Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dr. Yogendra Kumar Srivastava,J.

Heard Sri O.P. Shukla, learned counsel for the applicant and Sri Arvind Kumar, 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 entire proceedings of Criminal Case No. 14636 of 2020 as well as charge-sheet dated 13.09.2020 alongwith cognizance taking order dated 29.9.2020 and the N.B.W. order dated 28.10.2020 passed by the Additional Chief Judicial Magistrate-Vth, Varanasi, in Criminal Case No. 14636 of 2020 (State vs. Raj Srivastava and others) under Sections 420, 406, 504, 506 IPC, Police Station Laksa, District Varanasi, arising out of Case Crime No. 58 of 2020, pending in the court of Additional Chief Judicial Magistrate-Vth, Varanasi.

Learned counsel for the applicant at the very outset 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.)