Allahabad High Court High Court

Dhirendra Singh vs State Of U.P. And Another on 21 June, 2010

Allahabad High Court
Dhirendra Singh vs State Of U.P. And Another on 21 June, 2010
Court No. - 20

Case :- U/S 482/378/407 No. - 2753 of 2010

Petitioner :- Dhirendra Singh
Respondent :- State Of U.P. And Another
Petitioner Counsel :- M.L. Syal,Shashi Kiran Arya
Respondent Counsel :- Govt. Advocate

Hon'ble Raj Mani Chauhan,J.

Heard learned counsel for the applicant and learned A.G.A .
This application under Section 482 Cr.P.C has been filed by
accused-applicant Dhirendra Singh  against the summoning order
dated 05.03.2010 passed by the learned Additional Chief Judicial
Magistrate, Court No.5, Hardoi in Case No. 2082 of 2009, Ramraj
Singh Vs. Dhirendra Singh, whereby the learned Chief Judicial
Magistrate has summoned the accused under Sections 406, 420,
323 and 506 I.P.C.

Learned counsel for the accused applicant instead of pressing
the bail application on merit requests that the trial court be
directed to dispose of the bail application moved by the accused
applicant in case he surrenders before the trial court.
Learned A.G.A has no objection.

In view of the above submission of learned counsel for the applicant, the
application is disposed of finally with t ,.he direction that if the applicant
surrenders before the trial court within thirty days from today and move
an application for bail, the same shall be disposed of by courts below on
the same day keeping in view the law laid down by the Hon’ble Apex
Court in the case of Lal Kamlendra Pratap Singh Vs. State of Uttar
Pradesh and others, reported in (2009) 4 SCC 437 and full Bench of this
Court in case of Smt. Amrawati Vs. State of U.P., reported in 2004 (57)
ALR 390.

Till then, no coercive process will be adopted by the trial court.
Order Date :- 21.6.2010
Amit