Court No. - 70
Case :- APPLICATION U/S 482 No. - 16673 of 2019 Applicant :- Jagdish Singh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashok Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants 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 applicants with a prayer to quash the charge-sheet No. 393 of 2018 dated 26.8.2018, cognizance order dated 9.1.2019 as well as entire proceedings of Criminal Case No. 159 of 2019 (State vs. Vinod Kumar and others) arising out of Case Crime No. 270 of 2018, under Sections 379 and 411 IPC and Section 4/21 Mines and Minerals (Development and Regulation) Act, 1957 and Section 3/4 Prevention of Damage to Public Property Act, 1984, police station Ghoorpur, district Allahabad pending in the court of Additional Chief Judicial Magistrate, court No. 5, Allahabad.
Learned counsel for the applicants after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge-sheet dated 26.8.2018 against the applicants and requested to grant some protection, so that applicants may surrender before the court below. Learned counsel for the applicants 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 bail applications of the applicants expeditiously in accordance with law.
Considering the prayer made by learned counsel for the applicants, it is directed that in case applicants appear before the concerned court below within 45 days from today and apply for bail, the bail applications of the applicants 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 45 days from today, no coercive action shall be taken against the applicants in the above mentioned case.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 26.4.2019 Sumaira