Court No. - 40 Case :- CRIMINAL MISC. WRIT PETITION No. - 10857 of 2010 Petitioner :- Garib Singh & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Ashok Kumar Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Virendra Singh,J.
Heard learned counsel for the petitioner, learned A.G.A and
perused the record.
This present Criminal Misc. Writ Petition has been filed to quash
the impugned order dated 23.02.2010 passed by 1st Additional
Sessions Judge, Sonbhadra in Criminal Revision No. 97 of 2009.
After hearing learned counsel for the petitioner’s side and learned
A.G.A from respondent’s side and perusal of the entire record,
facts and circumstances on record for the prosecution case of the
respondent’s side and the grounds mentioned in the petition
nowhere revealed any good ground for interference by this Court
to prevent the abuse of the process as per provisions of Section
482 Cr.P.C. alleged through the impugned order. Therefore, I do
not find it a fit case for quashing the impugned order. Hence, this
petition is hereby disposed of finally with a direction that if the
petitioner appears and surrenders before the court below within
one month from today and apply for bail, their bail application
shall be considered and disposed of expeditiously, if possible, on
the same day, in view of the principles laid down by the Hon’ble
Apex Court in the case of Lal Kamlendra Pratap Singh vs. State
of U.P. and Others (2009) 4 SCC Page 437.
For a period of one month from today or till the disposal of the
application for grant of bail, whichever is earlier, no coercive
action shall be taken against the petitioner. However, in case, the
petitioner does not appear before the court below within the
aforesaid period, coercive action may be taken against the
petitioner.
Order Date :- 22.6.2010
Jaideep/-