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2014 DIGILAW 559 (ALL)

Baij Nath Yadav @ Manogi Yadav v. State of U. P.

2014-02-17

MANOJ MISRA

body2014
JUDGMENT Manoj Misra,J.: - Heard learned counsel for the applicants and the learned A.G.A. for the State. 2. By Criminal Misc. Application, under Section 482 Cr.P.C., No.32573 of 2013, the applicants have sought for quashing of the proceedings of Complaint Case No.411 of 2011, pending in the Court of Additional Chief Judicial Magistrate, Bhadohi, Gyanpur, under Sections 323, 504, 606, 354, 427 I.P.C., P.S. Suriyawan, District Sant Ravi Das Nagar (Bhadohi). 3. On the above Application (No.32573 of 2013), the Court, by its order dated 08.10.2013, had issued notices to the opposite party no.2, returnable at an early date and it was made clear that there is no stay in the case. 4. Subsequently, according to the learned counsel for the applicants, non bailable warrants have been issued against the applicants in the above case. Accordingly, the applicants have filed Criminal Misc. Application, under Section 2753 of 2014 with a prayer that a direction be issued to the court concerned to consider and dispose of the bail application of the applicants on the same day in Complaint Case No.411 of 2011, under Sections 323, 504, 506, 354, 427 I.P.C., P.S. Soriyawan, District Sant Ravi Das Nagar (Bhadohi). On this application, vide order dated 28.01.2014, the Court directed that Application No.2753 of 2014 would be listed along with record of earlier Application No.32573 of 2013, therefore, the records of both the cases are before this Court. 5. The learned counsel for the applicants submits that he does not wish to press the earlier Application No.32573 of 2013 and the same may be dismissed as not pressed. 6. In view of the above, Criminal Misc. Application, under Section 482 Cr.P.C., No.32573 of 2013 is dismissed as not pressed. 7. However, considering the facts and circumstances of the case, Criminal Misc. Application, under Section 482 Cr.P.C., No.2753 of 2014 is disposed of with observation that if the applicants appear before the court concerned and apply for bail, their bail application will be considered in accordance with law laid by this Court in the case of Amrawati and another Vs. State of U.P.: 2004(57) ALR 290 as affirmed by the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P.: 2009(3) ADJ 322 (SC). 8. It is made clear that the processes, if any, issued against the applicants have not been stayed.