Raj Dev Vishwakarma and Ors. v. State of U. P and Anr.
2013-06-27
VISHNU CHANDRA GUPTA
body2013
DigiLaw.ai
Vishnu Chandra Gupta, J.— Heard learned counsel for the petitioners and learned AGA for the State. By means of this petition under Section 482 Cr.P.C. the petitioners have prayed for quashing the entire proceeding in Case Crime No.128 of 2012, under Sections 323, 504, 506 I.P.C and 3(i)(x) SC/ST Act, P.S.-Dostpur, district Sultanpur pending in the court of Additional Chief Judicial Magistrate-III, Court No.19, Sultanpur. From the perusal of material on record, it cannot be said that no case is made out against the petitioners. Therefore, at this stage no interference is called for by this Court. The petition lacks merit. However, if petitioners Raj Dev Vishwakarma, Shobhnath Yadav, Buddhu Yadav and Buxu Yadav surrender before the court below within two weeks from today and move bail application, the same shall be considered and disposed of expeditiously in accordance with law and also keeping in view the directions contained in the judgment delivered by the Apex Court reported in 2009 (3) ADJ 322 (SC) (Lal Kamlendra Pratap Singh Vs. State of U.P. ). For two weeks or till the date of surrender, whichever is earlier, no coercive steps shall be taken against the petitioners. With this observation, the petition is finally disposed of. _____________