HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 72
Case :- APPLICATION U/S 482 No. – 35937 of 2018
Applicant :- Atul Kumar Singh And 4 Ors
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- Ashish Dwivedi
Counsel for Opposite Party :- G.A.,Jayendra Kumar Mishra
Hon’ble Rajiv Joshi,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet no. 11 of 2018 dated 19.01.2018 and cognizance order dated 24.04.2018 as well as the entire proceeding of case no. 1898 of 2018 (State of U.P. Vs. Atul Kumar and others), arising out of case crime no. 214 of 2017, U/s 498A, 323 SectionIPC and 3/4 D. P. Act, P.S. Subhash Nagar, District Bareilly pending in the concerned court below.
So far as applicant no. 1 is concerned, the following order is being passed:
After hearing learned counsel for the applicant no. 1 and learned AGA, this application is finally disposed of with a direction that if the applicant no. 1 appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon’ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the applicant no. 1 surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against the applicant no. 1. However, in case, the applicant no. 1 does not appear before the Courts below within the aforesaid period, coercive action shall be taken against him.
So far as applicant nos. 2 to 5 are concerned, the following order is being passed:
Heard learned counsel for the applicants.
Learned A.G.A. has accepted notice on behalf of opposite party no. 1.
Issue notice to opposite party no. 2 returnable at an early date. Steps be taken within a week.
Counter affidavit to be filed within four weeks by the learned A.G.A. as well as opposite party no. 2 and rejoinder affidavit to be filed within three weeks thereafter.
After hearing learned counsel for the applicants and also in view of the averments made in the affidavit accompanying the application, prima facie, a case for grant of an interim relief is made out.
Till the next date of listing, further proceedings against applicant nos. 2 to 5 only in the aforesaid case shall remain stayed.
Order Date :- 24.7.2019