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Awadhesh And 2 Others vs State Of U.P. And Another on 28 July, 2021

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HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 85

Case :- APPLICATION U/S 482 No. – 11332 of 2018

Applicant :- Awadhesh And 2 Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Ajay Kumar Shukla

Counsel for Opposite Party :- G.A.,Bhupendra Pal Singh

Hon’ble Gautam Chowdhary,J.

Heard learned counsel for the applicants, learned AGA for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed seeking the quashing of impugned charge-sheet dated 4.10.2016 as well as entire proceeding in Case No. 14211 of 2017 (State Vs. Awadhesh and others), arising out of case crime no.741 of 2016, under Sections 323, 342, 498A I.P.C. and 3/4 D.P. Act, Police Station- Qwarsi, District Aligarh, pending in the court of Chief Judicial Magistrate, Aligarh.

Moreover, all the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage, only prima facie case is to be seen in the light of the law laid down by the Hon’ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283. The disputed defence of the accused cannot be considered at this stage.

At the very outset, learned counsel for the applicants has submitted that he does not want to press other prayers made in the prayer clause and has only made a prayer for expeditious disposal of their bail application in view of law laid down 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.

Considering the prayer of the applicants, it is directed that if the applicants appear/ surrender before the court below and apply for bail within three weeks from today, their prayer for bail shall be considered and decided as expeditiously as possible in accordance with law.

For a period of three weeks from today or till the applicants appear/ surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.

With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed of.

Order Date :- 28.7.2021

shiv

 

 

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