HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 70
Case :- CRIMINAL REVISION No. – 3943 of 2019
Revisionist :- Neetu @ Narendra Kumar And Another
Opposite Party :- State Of U.P. And Another
Counsel for Revisionist :- Rama Shanker,Ray Sahab Yadav
Counsel for Opposite Party :- G.A.
Hon’ble Sanjay Kumar Singh,J.
Heard learned counsel for the revisionists, 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 revision under Section 397/Section401 Cr.P.C. has been preferred by the revisionists against the summoning order dated 17.09.2019 passed by Additional Session Judge, Court No.11, Saharanpur in S.T. No. 664 of 2017 arising out of case crime no. 712 of 2017, under Sections 498A, Section304B IPC and 3/4 D.P. Act, Police Station Devband, District Saharanpur.
After advancing certain arguments at some length by the learned counsel for the revisionists, when the Court put certain query to him, he gave up his challenge to the aforesaid impugned summoning order dated 17.09.2019 against the revisionists and confined his submission requesting to grant some protection to the revisionists to surrender before the concerned court below. The learned counsel for the revisionists further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the revisionists expeditiously in accordance with law.
In view of above, the relief as sought by the revisionists in the instant revision is refused.
Considering the aforesaid prayer made by learned counsel for the revisionists, it is directed that in case revisionists appear before the concerned court below within 45 days from today and apply for bail, the bail application of the revisionists shall be heard and disposed of expeditiously by the courts below in accordance with law keeping in view of 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 of the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. (2009) 4 Supreme Court Cases, 437.
For the period of 45 days from today or till the date of appearance of the revisionists before the concerned court below, whichever is earlier, no coercive action shall be taken against the revisionists in the above case.
With the above observations and directions, this revision under Section 397/401 Cr.P.C. is disposed of.
Order Date :- 24.10.2019