Citation : 2023 Latest Caselaw 23239 ALL
Judgement Date : 24 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:56686 Court No. - 28 Case :- APPLICATION U/S 482 No. - 237 of 2013 Applicant :- Ram Dhiraj Complaint Case Opposite Party :- The State Of U.P And Anr. Counsel for Applicant :- Shiva Nand Pandey Counsel for Opposite Party :- Govt. Advocate,Bajrang Bahadur Singh Hon'ble Shree Prakash Singh,J.
Order on Application for Condonation of Delay
Heard.
Learned counsel for the applicant is pressing application for condonation of delay dated 13.9.2022 and submits that delay in filing the recall application may be condoned.
Explanation given in the affidavit filed in support of the application is sufficient.
Delay is condoned.
The application for condonation of delay stands disposed of accordingly.
Order on Application for Recall of the Order Dated 24.7.2019
Learned counsel for the applicant is pressing the application dated 13.9.2022 and submits that due to unavoidable circumstances, learned counsel for the applicant could not appear, as such, the same was dismissed in default.
He submits that same may be recalled and the application under Section 482 Cr.P.C. may be restored to its original number.
Learned A.G.A. for the State has no objection to the submission aforesaid.
In the aforesaid circumstances, the order dated 24.7.2019 is recalled and the application under Section 482 Cr.P.C. is restored to its original number.
The application for recall stands disposed of accordingly.
Order on Application U/S 482 Cr.P.C.
Heard learned counsel for the applicant, Sri Aniruddh Kumar Singh, learned A.G.A.-I for the State-opposite parties and perused the material placed on record.
Instant application under section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the impugned Judgment and order dated 19.12.2012 passed by Additional Session Judge-2, Sultanpur in Criminal Revision No.152 of 2012 (Ram Dhiraj Vs. State of U.P.) as well as order dated 25.2.2012 passed by A.C.J.M. Court No.22, Sultanpur in Criminal Case No.334 of 2011 (Ramakant Versus Ram Dhiraj) under Sections 323, 504, 506, 394, 307 I.P.C. at P.S. Gosaiganj, District Sultanpur.
After argument at length, learned counsel appearing for the applicant submits that the interest of justice would be served, if the bail application of the applicant is directed to be considered by the trial Court concerned. He further submits that the applicant shall surrender before the court concerned and will file the bail application and, therefore, this Court may be pleased to direct the Court concerned to decide the bail application of the applicant within stipulated period of time, as may be fixed by this Court.
In view of the aforesaid submissions, present application is disposed off with a direction that in case, the applicant surrenders before the court concerned and applies for bail, his bail application may be considered and decided in accordance with law, as expeditiously as possible.
Order Date :- 24.8.2023
Ram Murti
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