Court No. - 40 Case :- APPLICATION U/S 482 No. - 21524 of 2010 Petitioner :- Lala Kewat @ Lal Dev Kewat Respondent :- State Of U.P. Petitioner Counsel :- Sriprakash Dwivedi Respondent Counsel :- Govt Advocate Hon'ble Virendra Singh,J.
Heard learned counsel for the applicant on the amendment application. The
amendment application is allowed.
Let the prayer “quash the order dated 09.11.2009 passed by Special Judge/Gangster
Court, Mirzapur in S.T. No. 523 of 2009” be incroporated in the prayer of the
application u/s 482 no. 21524 of 2010.
Thereafter I have heard learned counsel for the applicant and learned A.G.A on
this application and perused the record.
This present application under Section 482 Cr.P.C has been filed with the aforesaid
prayer and further to direct the court below to consider and decide the bail
application of the applicant on the same day in Case No. 523 of 2009 State vs. Lala
Kewat @ lal Dev Kewat in Case Crime No. 50 of 2002 u/s 3(1) U.P. Gngster and
Anti Social Activities Prevention Act 1986, P.S. Anpara, District Sonbhadra.
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 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
Jaideep/-