Allahabad High Court
Rama Shanker And Another vs State Of U.P And Another on 19 May, 2022
Author: Gautam Chowdhary
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 86 Case :- APPLICATION U/S 482 No. - 4691 of 2022 Applicant :- Rama Shanker And Another Opposite Party :- State Of U.P And Another Counsel for Applicant :- Akhilesh Kumar Mishra,Devendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Criminal Case No. 14432 of 2018 (Ratti Lal Vs. Rama Shanker and Ors), arising out of Case Crime No. 85 of 2012, under Sections 420 I.P.C, Police Station Malwan, District Fatehpur as well as impugned summoning order dated 08.09.2021, pending in the court of learned Additional Civil Judge (J.D.)/ Judicial Magistrate, Court No.2 Fatehpur.
At the very outset, learned counsel for the applicant has submitted that he does not want to press other prayers made in the prayer clause and has only made a prayer for expeditious disposal of his bail application in view of law laid down 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. Considering the prayer of the applicant and in view of the entire facts and circumstances of the case, it is directed that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided as expeditiously as possible in accordance with law.
With the aforesaid directions, this application is finally disposed of.
However, as requested, the applicant is permitted to appear before the concerned court within a month from today and move an application claiming discharge. The concerned court shall after hearing, decide the application on merits, in accordance with law, within a period which shall not exceed a period of three months from today.
Order Date :- 19.5.2022 Abhishek Singh