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Hazikul Yakeen & Ors. vs State Of U.P. Thru. Prin. Secy. … on 20 December, 2019


?Court No. – 11

Case :- U/S 482/378/407 No. – 9175 of 2019

Applicant :- Hazikul Yakeen Ors.

Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Anr.

Counsel for Applicant :- Prabhaat Kumar Tripathi

Counsel for Opposite Party :- G.A.

Hon’ble Rajeev Singh,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the charge sheet dated 04.09.2019 filed in Case Crime No.477 of 2018, under Sections 498A, Section323, Section504, Section354-Ka I.P.C. Section 3/4 D.P. Act, 1961, P.S. Gudamba, District Lucknow as well as impugned summoning order dated 16.10.2019 passed by the Judicial Magistrate-II, Lucknow in Case No.840 of 2019.

After arguing the matter up to some length, learned counsel for the applicants submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicants may be permitted to surrender and move bail application, before the court concerned and suitable directions may be issued that same may be heard and decided expeditiously, in accordance to law.

Learned A.G.A. has no objection in grant of aforesaid prayer.

In view of above, it is provided that if the applicants surrender before the court below within thirty days from today, and apply for bail, their application for bail shall be considered and decided by the courts below in view of the settled law laid down by the Full Bench of this Court in the case of Amrawati Another Vs. State of U.P. reported in 2004 (57) ALR 290, as affirmed by Hon’ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).

It is made clear that this order shall not be treated as an implied direction of this Court to grant bail to the applicants and the court concerned shall be at liberty to pass appropriate order in accordance to law.

Till the aforesaid period of six weeks, no coercive measures shall be taken against the applicants in the aforesaid case.

In case, applicants fail to surrender before the Courts below, within the stipulated period of six weeks, they will not get benefit of this order.

With above directions this application stands disposed of.

Order Date :- 20.12.2019

S. Shivhare



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