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Naseer Ahamad And 2 Others vs State Of Up And Another on 17 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 10966 of 2019

Applicant :- Naseer Ahamad And 2 Others

Opposite Party :- State Of Up And Another

Counsel for Applicant :- Kashi Naresh Mishra

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 25.10.2018 arising out of Case Crime No. 31 of 2018 and proceedings of case no. UPAL04003086 of 2019 (50 of 2019), under Sections 498A, Section323, Section504, Section506 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District – Aligarh pending in the court of Additional Chief Judicial Magistrate, Court No.8, Aligarh.

It is submitted by the learned counsel for the applicants that husband of the opposite party no.2 is facing trial and has been granted bail vide order dated 18.12.2018 by the Sessions Judge, Aligarh. It is also submitted that after the incident of this case applicant no.1 (father-in-law of the opposite party no.2) has evicted Arif Naseer (husband of the opposite party no.2) from all his moveable and immovable property on 10.5.2018, averment in this regard has been made by the applicant in paragraph no.17 of the affidavit filed in support of the application.

The learned counsel for the applicants after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge-sheet dated 25.10.2018 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.

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

Order Date :- 17.7.2019

AK Pandey

 

 

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