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Dr. Vishambher Dayal Agrawal @ … vs State Of U.P. & Another on 28 January, 2010

Allahabad High Court
Dr. Vishambher Dayal Agrawal @ … vs State Of U.P. & Another on 28 January, 2010
In Chamber

Case :- CRIMINAL MISC. WRIT PETITION No. - 23589 of 2009

Petitioner :- Dr. Vishambher Dayal Agrawal @ V.D. Agrawal
Respondent :- State Of U.P. & Another
Petitioner Counsel :- Imran Ullah
Respondent Counsel :- Govt. Advocate

Hon'ble Bala Krishna Narayana,J.

Heard learned counsel for the petitioner and learned A.G.A.
The present writ petition has been filed by the petitioner for setting aside the
impugned order dated 4.11.2009 passed by the Addl. Session Judge, Court no.
5, Agra in criminal revision no.279 of 2008 and order dated 29.8.2008 passed
by the learned Additional Chief Judicial Magistrate Court no. 27 Agra in case
no. 1017 of 2006 (State Vs. Pramod Bhargava and others) summoning
petitioner for facing trial for offence punishable under sections 147, 148, 149,
307, 302 I.P.C. and 7 Crl. Law Amendment Act.

I have heard learned counsel for the petitioner and have perused the record.
The order passed by the court below summoning the petitioner does. The w
not suffer from any illegality or infirmity warranting any interference by this
court rit petition has no merit and it is accordingly dismissed.

However, in case the petitioner surrender before the court below within a
period of one month from today the bail application of the petitioner shall be
decided as expeditiously as possible without unnecessary delay and if possible
on the same day after giving opportunity to the prosecution in the aforesaid
crime number for the aforesaid offence in accordance with the law laid down
by the Apex Court in case of Lal Kamlendra Pratap Singh Vs. State of
U.P.& other reported in (2009) 4 Supreme Court Cases 437 and by the
Full Bench of this Court in Smt. Amrawati and another Vs. State of
reported in U.P. 2005 Cr.L.J. 755 .

Order Date :- 28.1.2010
R.C.

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