Court No. - 18 Case :- U/S 482/378/407 No. - 1361 of 2010 Petitioner :- Pintu Yadav, & Others Respondent :- State Of U.P., Petitioner Counsel :- Manu Dixit Respondent Counsel :- G.A. Hon'ble S.N.H. Zaidi,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and
perused the record.
This application under section 482 Cr.P.C. has been filed for invoking the
inherent jurisdiction of this Court with the prayer that the Chief Judicial
Magistrate of any of the nearby district of Lucknow, namely, Barabanki,
Unnao, Sitapur or Raebareli, be directed to accept the surrender of the
applicants in Case Crime No. 50 of 2010, under sections 323, 504, 506, 336
and 308 I.P.C. Police Station-Alambagh, District-Lucknow and to dispose of
their bail application.
It has been pointed out by the learned counsel for the applicants that after the
report of the case was lodged at P.S. Alambagh, Lucknow the applicants,
approached this Court under Article 226 of the Constitution for its quashing
and this Court, by order dated 18.2.2010 passed in Misc. Bench No. 2282 of
2010, directed the courts below that if the applicants appear before it within
two weeks and apply for bail, their bail application be considered and
disposed of expeditiously.
The contention of the learned counsel for the applicants is that when, in
compliance of said order of this Court, the appellants were going to surrender
before Judicial Magistrate-III, Lucknow, they were assaulted and beaten by
the brother of the complainant, who is a lawyer, and by his lawyer friends and
could be saved with the intervention of senior lawyers. The applicants’
counsel has also withdrawn his Vakalatnama under the pressure of
complainant’s brother. It has been submitted that due to these circumstances
the applicants could not surrender within the given time and they are still
apprehensive to their safety in surrendering before the Court. The learned
counsel, however, says that the applicants are ready to surrender before the
police.
Looking to the above circumstances, there appears no necessity to make any
order as prayed and the same is refused. It is, however, provided that if the
applicants surrender before the concerned police within a week from today,
they shall be produced before the Magistrate under police protection. It is also
provided that if the applicants apply for bail, prayer for bail shall be
considered and disposed of expeditiously in the light of law laid down in the
case of Lal Kamlendra Pratap Singh Vs. State of U.P. and others reported in
2009 (2) SCC (Cri) page 330.
With the aforesaid observation, the application is finally disposed of.
Order Date :- 2.4.2010
Rizvi