Allahabad High Court
Balkishan And 4 Others 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. - 3595 of 2021 Applicant :- Balkishan And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A. Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Ajay Kumar, learned counsel for the applicants and Sri Pankaj Saxena, learned A.G.A.-I for the State-opposite party no. 1 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the entire proceedings of Case No. 1591 of 2020 (State Vs. Balkishan and others), arising out of Case Crime No. 218 of 2019, under Sections 147,452, 323, 325 I.P.C. Police Station Jahangirabad, District Bulandshahar, presently pending in the court of the Additional Chief Judicial Magistrate, Court No. 1, District Bulandshahar and the charge-sheet dated 10.09.2019 (annexure no. 6 to the accompanying affidavit) submitted in Case Crime No. 218 of 2019 under Sections 147,452, 323, 325 I.P.C. Police Station Jahangirabad, District Bulandshahar as well as order dated 14.9.2020 (annexure no. 7 to the accompanying affidavit) passed by the Additional Chief Judicial Magistrate, Court No. 1, District Bulandshahar taking cognizance on the same and summoning the applicants.
Learned counsel for the applicants, after making submissions to some extent, 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 Pratima (Dr.Y.K.Srivastava,J.)