Court No. - 40 Case :- APPLICATION U/S 482 No. - 21287 of 2010 Petitioner :- Heera Singh And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- K. K. Dwivedi Respondent Counsel :- Govt Advocate Hon'ble Virendra Singh,J.
Heard learned counsel for the applicants, learned A.G.A and perused the
record.
This present application under Section 482 Cr.P.C has been filed to quash the
charge sheet and order dated 20.2.2010 passed by learned Additional Chief
Judicial Magistrate-Ist, Agra as well as entire criminal proceedings in criminal
case no. 746 of 2010 (State Vs. Heera Singh and others under sections, 147,
323, 324, 307, 452, 504 and 506 IPC, P.S. Sadar, District Agra (Case crime
no. 1197 of 2009) pending in the court of Additional Chief Judicial
Magistrate, Court No.1, Agra.
After hearing learned counsel for the applicants’ 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 applicants appear and
surrender 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
applicants. However, in case, the applicants do not appear before the court
below within the aforesaid period, coercive action may be taken against the
applicants.
Order Date :- 21.6.2010
MTA