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2014 DIGILAW 2457 (ALL)

Sakal Raj v. State of U. P.

2014-08-12

VIPIN SINHA

body2014
JUDGMENT Hon'ble Vipin Sinha, J. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 263 of 2011 arising out of case crime no. 590 of 2008, under Sections 419, 420, 467, 468, 471, 209 IPC, P.S. Kaptanganj, District Kushi Nagar. 3. After hearing the learned counsel for the parties and after perusing the averments made in the present application, the prayer for quashing the proceedings of the aforementioned case is refused. 4. However, it is directed that in case applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. 5. For a period of 30 days from today or till the applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against the applicants. Thereafter, if the applicants are so advised, they may file discharge application. 6. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them. With the aforesaid direction, the application is disposed off finally.