Allahabad High Court
Shiv Poojan Yadav And Another vs State Of U.P. And Another on 23 February, 2021
Author: Y.K. Srivastava
Bench: Yogendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- APPLICATION U/S 482 No. - 3691 of 2021 Applicant :- Shiv Poojan Yadav And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Kamlesh Kumar Singh, learned counsel for the applicants and Sri Gyan Prakash Singh, learned State Law Officer appearing for the State-opposite party and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the proceedings of Case No.525 of 2020 (State vs. Saroj and others) arising out of Case Crime No.103 of 2019, under Section 120-B IPC, Police Station Chakiya, District Chandauli, pending before the Judicial Magistrate, Chakiya, District Chandauli.
Learned counsel for the applicants, at the very outset, has fairly submitted that the necessary grounds for invoking the inherent powers of this Court under Section 482 Cr.P.C. have not been made out in the facts of the present case. Accordingly, he does not wish to press his prayer as made in the application.
In view of the above, the relief as sought in the instant application is refused.
At this stage counsel for the applicants makes a submission that the applicants are ready to submit to the jurisdiction of the concerned court, seek bail and accept all the conditions which the court may deem fit to impose upon them. The only prayer made by the learned counsel for the applicants is that the bail application may be heard expeditiously.
Considering the aforesaid alternative prayer made by the learned counsel for the applicants, it is provided that in case the applicants appear and surrender before the court below within 30 days from today and apply for bail, the bail application of the applicants shall be considered and decided by the concerned court taking into view the settled legal position in this regard.
For a period of 30 days from today or till the date of appearance of the applicants before the court below, whichever is earlier, no coercive action shall be taken against the applicants in the above case.
However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
It is made clear that no application seeking extension of the aforesaid time period shall be entertained.
The application is disposed of accordingly.
Order Date :- 23.2.2021 Shahroz (Dr. Y.K. Srivastava,J.)