Court No. - 40 Case :- APPLICATION U/S 482 No. - 21564 of 2010 Petitioner :- Awadhesh Saini And Another Respondent :- State Of U.P. Petitioner Counsel :- P. C. Srivastava Respondent Counsel :- Govt Advocate Hon'ble Virendra Singh,J.
Heard learned counsel for the applicant, learned A.G.A and perused the
record.
This present application under Section 482 Cr.P.C has been filed to quash
order dated 21.05.2009 passed by the Judicial Magistrate, Ist, Gorakhpur in
case Crime No. 409 of 2009 u/s 498A. 147, 323, 313, 504, 506 IPC, P.S.
Gagaha, District Gorakhpur.
After hearing learned counsel for the applicant’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 application 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 application
is hereby disposed of finally with a direction that if the applicant 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, expeditiously 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
applicant. However, in case, the applicant does not appear before the court
below within the aforesaid period, coercive action may be taken against the
applicant.
Order Date :- 25.6.2010
Naresh