HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 70
Case :- APPLICATION U/S 482 No. – 6730 of 2019
Applicant :- Kuldeep And Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Anita Singh,Nirmla Kumari,Prem Babu Verma
Counsel for Opposite Party :- G.A.
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 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 charge-sheet dated 29.8.2018 as well as entire proceeding of Case No.7174 of 2018 (SectionState vs. Deep Singh and others), arising out of Case Crime No.202 of 2018 under Section 498A, Section323, Section504 Section506 IPC read with Section 3/4 DP Act, P.S.-Civil Lines, District-Budaun, pending before CJM, Budaun.
On the request made on behalf of the applicants, the matter was referred to the Mediation and Conciliation Centre, Allahabad, by order dated 21.2.2019 and it was provided that in case, the applicants deposit the amount of Rs.50,000/- within 15 days, the matter be placed before Mediation and Conciliation Centre, Allahabad, but the said amount could not be deposited by the applicants, therefore, notice was not issued to the opposite party No.2.
The learned counsel for the applicants after advancing his arguments at some length, gave up his challenge to the aforesaid impugned criminal proceedings 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 they are 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 applicant.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 26.7.2019