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Arti And Anr. vs State Of U.P. And Anr. on 18 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- CRIMINAL REVISION No. – 3812 of 2019

Revisionist :- Arti And Anr.

Opposite Party :- State Of U.P. And Anr.

Counsel for Revisionist :- Vikas Tripathi

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Heard learned counsel for the revisionists, learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.

This criminal revision under Section 397/Section401 Cr.P.C. has been filed by the revisionists against the order dated 26.09.2019, whereby revisionists has been summoned in exercise of powers under Sectionsection 319 Cr.P.C. by the Additional District and Session Judge, Court No. 14, Bareilly as an additional accused to face trial arising out of case crime no. 122 of 2018 in S.T. No. 443 of 2018 (State of U.P. Vs. Rohit Gupta and others), under Sections 498A, Section304-B IPC and 3/4 D.P. Act, Police Station Cantt. District Bareilly pending before Additional District and Session Judge, Court No. 14, Bareilly.

After advancing certain arguments at some length by the learned counsel for the revisionists, when the Court put certain query to him, he gave up his challenge to the aforesaid impugned order dated 26.09.2019 against the revisionists and confined his submission requesting to grant some protection to the revisionists to surrender before the concerned court below. The learned counsel for the revisionists further stated at the Bar that he is not pressing any other prayer made in this revision on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the revisionists expeditiously in accordance with law.

In view of above, the relief as sought by the revisionists in the instant criminal revision is refused.

Considering the aforesaid prayer made by learned counsel for the revisionists, it is directed that in case revisionists appear before the concerned court below within 60 days from today and apply for bail, the bail application of the revisionists shall be heard and disposed of expeditiously by the courts 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 Criminal Law Journal 755 as well as judgement of the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. (2009) 4 Supreme Court Cases, 437.

For the period of 60 days from today or till the date of appearance of the revisionists before the concerned court below, whichever is earlier, no coercive action shall be taken against the revisionists in the above case.

With the above observations and directions, this criminal revision under Section 397/401 Cr.P.C. is disposed of.

Order Date :- 18.10.2019

AK Pandey

 

 

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