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Dr. Ali Haider And 3 Ors vs State Of U.P. And Anr on 5 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

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Court No. – 70

Case :- APPLICATION U/S 482 No. – 7240 of 2019

Applicant :- Dr. Ali Haider And 3 Ors

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

Counsel for Applicant :- Vinod Kumar Maurya,Jitendra Rpasad Kushwaha

Counsel for Opposite Party :- G.A.,Akhilesh Kumar Singh

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 learned counsel for the opposite party no.2 and perused the record with the assistance of learned counsel for the parties.

This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the the complaint case no. 617 of 2018 (Smt. Tahjib Fatma Vs. Dr. Ali Haidar and others) as well as summoning order dated 04.10.2018 under Sections 498A, Section323, Section504, Section506 IPC and 3/4 D.P. Act, Police Station Saidpur, District Ghazipur pending in the Court of Judicial Magistrate, Ghazipur.

Vide order dated 26.2.2019 this matter was referred to Mediation Centre with a direction to the applicants to deposit a sum of Rs. 15,000/-. Pursuant to said order dated 26.2.2019, the applicants deposited a sum of Rs. 15,000/- thereafter notice issued to opposite party no.2. It is submitted that parties concerned appeared before the mediation, but mediation between them has failed.

The learned counsel for the applicants after advancing his arguments at some length, gave up his challenge to the aforesaid impugned summoning order dated 04.10.2018 against the applicants and requested to grant some protection, so that applicants may surrender before the court below. The 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 application of the applicants expeditiously in accordance with law.

Considering the prayer made by the 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 application 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.

Mediation and Conciliation Centre, High Court, Allahabad is directed to refund the amount of Rs. 13,000/- to the opposite party no.2, Smt. Tahjib Fatma out of a sum of Rs. 15,000/- deposited by the applicants by the order dated 26.2.2019 within two weeks.

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

Order Date :- 5.8.2019

AK Pandey

 

 

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