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Vinod Kumar & Anr. vs State Of U.P. Thru. S.S.P., … on 1 October, 2019


?Court No. – 16

Case :- U/S 482/378/407 No. – 7197 of 2019

Applicant :- Vinod Kumar Anr.

Opposite Party :- State Of U.P. Thru. S.S.P., Lucknow Ors.

Counsel for Applicant :- Avdhesh Kumar Singh Yadav,G.S. Mishra,Mahesh Singh Yadav

Counsel for Opposite Party :- G.A.

Hon’ble Pankaj Bhatia,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

This application has been filed with the prayer to quash the order dated 02.07.2019 passed by Court below in Case Crime NO. 442 of 2017 under Sectionsections 498A, Section323, Section506 IPC and 3/4 D.P. Act, Police Station Aasiyana, District Lucknow.

Learned counsel for the applicants submits that the impugned proceedings are wholly based upon concocted allegations and with ulterior intention of harassing the applicants.

Per contra, learned A.G.A. has submitted that from the perusal of the proceedings, it cannot be said that no cognizable offence is made out.

After hearing the submissions advanced, no case for quashing the proceedings has made out.

However, looking to the facts and circumstances of the case, it is directed that in case, applicants appear and surrender before the court below within two months from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon’ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of two months from today or till applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them. However, in case, applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

With the aforesaid observations, the instant application is finally disposed of.

Order Date :- 1.10.2019




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