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Gulshan vs State Of U P And Anr

High Court Of Judicature at Allahabad|29 April, 2019
Court No. - 70
Case :- APPLICATION U/S 482 No. - 17035 of 2019
Applicant :- Gulshan Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Brijesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the chargehseet dated 31.10.2016 arising out of Case Crime No.249 of 2015, cognizance order dated 08.05.2017 as well as non-bailable warrant dated 25.01.2019, under sections 147, 332, 336, 353, 504 IPC & under Section 7 of Criminal Law Amendment Act, Police Station Juhi, District- Kanpur Nagar, pending in the court of Additional Chief Metropolitan Magistrate III, Kanpur Nagar.
The learned counsel for the applicant after advancing his arguments at some length, gave up his challenge to the aforesaid impugned non-bailable warrant dated 25.01.2019 and impugned criminal proceedings against the applicant and requested to grant some protection, so that applicant may surrender before the court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application and prayed that a direction be issued to the courts below to consider and decide the recall of N.B.W. dated 25.01.2019/bail application of the applicants expeditiously in accordance with law.
Considering the prayer made by the learned counsel for the applicant, it is directed that in case applicant appears before the concerned court below within 30 days from today and applies for recall of N.B.W. dated 25.01.2019/bail application of the applicant shall be heard and disposed of expeditiously by the courts below in accordance with settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement passed by Hon'ble Apex Court in (2009) 4 Supreme Court Cases, 437 Lal Kamlendra Pratap Singh Vs. State of U.P.
For the period of 30 days from today, no coercive action shall be taken against the applicant.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 29.4.2019 SKD
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  • Sanjay Kumar Singh
  • Brijesh Kumar Singh