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2014 DIGILAW 1086 (ALL)

Mahmood Ali v. State of U. P.

2014-04-03

VIRENDRA VIKRAM SINGH

body2014
JUDGMENT Hon'ble Virendra Vikram Singh, J. Heard learned counsel for the applicants and learned AGA. 2. The present 482 Cr.P.C. petition has been filed for quashing the entire proceedings of case no.5411/2013 arising out of case crime no.1172/2013, under Sections 498-A, 323, 504, 506, IPC and 3/4 D.P. Act, pending before the CJM, Aligarh. 3. Having considered the uncontroverted prosecution version, as it appears from the FIR and the record of the case, a prima facie cognizable offence is made out against the applicants. 4. The prayer for quashing the proceedings is, hereby, refused. 5. However, it is directed that if the applicants appear and surrender before the court below within 30 days from today along with the certified copy of this order and apply for bail, their prayer for bail may be considered and decided in view of the settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 and the decision of the Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009(4) SCC 437 , after hearing the public prosecutor. 6. For a period of 30 days from today or till the disposal of the application for grant of bail, whichever is earlier, no coercive process shall be taken against the applicants. However, in case the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them and no protection of this order shall be available to them. 7. With the aforesaid directions, this application is finally disposed of.