Allahabad High Court
Daya Ram Pal vs State Of U.P. And Another on 12 July, 2010
Author: S.N.H. Zaidi
Bench: S.N.H. Zaidi
Court No. - 18 Case :- U/S 482/378/407 No. - 2894 of 2010 Petitioner :- Daya Ram Pal Respondent :- State Of U.P. And Another Petitioner Counsel :- Narendra Kumar Respondent Counsel :- Govt. Advocate Hon'ble S.N.H. Zaidi,J.
Heard learned counsel for the applicant, learned A.G.A. for the opposite parties and perused the record.
By means of this application, the petitioner has invoked the inherent jurisdiction of this Court under section 482 Cr.P.C. with a prayer to quash the charge sheet (Case No. 247 of 2010) arising out of case crime no. 1 of 2010 under section 2/3 (ii) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station-Ashiyana, District-Lucknow (annexure 1 to the writ petition) pending in the Court of Special Judge Gangster Act, Lucknow.
Learned counsel for the applicant, however, restricts his prayer only to the extent that the concerned court be directed to dispose of the bail application of the applicant within a stipulated period.
In view of the above and looking to the nature of offence, the prayer for quashing the proceeding is refused.
It is, however, directed that if the applicant appears before the Court concerned within ten days from today and moves for bail, the courts below shall consider and dispose of his prayer for bail expeditiously in the light of the law laid down by the Full Bench decision of this Court in the case of Srimati Amrawati and another Vs. State of U.P. reported in 2004 CBC page 705 and by the Hon'ble Apex Court in Lal Kamlendra Pratap Singh Versus State of U.P. reported in 2009 (1) JIC 677 & 2009 (2) Crimes 4 (SC).
With the above observation this application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 12.7.2010 Rizvi