Rohit And 3 Others vs State Of U.P. And Another
2023 Latest Caselaw 1182 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 69
 

 
Case :- APPLICATION U/S 482 No. - 112 of 2023
 

 
Applicant :- Rohit And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Vijay Babu
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Samit Gopal,J.

List revised.

Heard Sri Vijay Babu, learned counsel for the applicants, Sri S.B. Maurya, learned counsel for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicants Rohit, Gaurav, Bantu and Gokul Chand with the prayer to allow the instant application and to quash the judgment and order dated 01.12.2022 passed by the learned Additional Sessions Judge, Court No.10, Mathura in Criminal Revision No. 163/2022 (Rohit and others Vs. State of U.P. and another) and the subsequent summoning order dated 17.02.2022, passed by the learned Judicial Magistrate, Fast Track Court, Mathura, in Complaint Case No. 26490 of 2021 (Harekrishna Vs. Rohit and others), under Sections 323, 384, 504, 506 I.P.C., Police Station Vrindavan, District Mathura, pending in the court of learned Judicial Magistrate, Fast Track Court, Mathura and with further that further proceedings of the aforesaid case be stayed against the applicants, during the pendency of the present application.

At the very outset, learned counsel for the applicants states that the purpose of the applicants would suffice if an order is passed directing the trial court to decide the bail application of the applicants, as expeditiously as possible. He further states that although the prayer has been made for quashing of the judgment and order dated 01.12.2022, summoning order and the proceedings of the case but he does not press the same.

Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicants.

In view of the above, the prayer for quashing of judgment and order dated 01.12.2022, summoning order and the proceedings of the case is dismissed as not pressed.

However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicants, it is directed that if the accused-applicants surrender before the trial court and apply for bail within two weeks from today, the same shall be considered and decided expeditiously in accordance with law. Till the aforesaid period, no coercive action shall be taken against the applicants.

It it clarified that if the accused-applicants do not appear before the court concerned by the said date, the court concerned shall proceed against them in accordance with law.

The present application is disposed of.

Order Date :- 11.1.2023

M. ARIF

(Samit Gopal, J.)