Dharmendra Yadav v. State of U. P Thru S. S. P. , Lucknow
2015-06-12
SHASHI KANT
body2015
DigiLaw.ai
JUDGMENT Shashi Kant, J. Heard Vijay Pratap Singh learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. 2. This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the charge sheet filed in crime no. 464 of 2014, under Sections 323, 504, 506 I.P.C. and section 3 (i) (x) S.C.&S.T. Act, registered at P.S. Aliganj, Lucknow and staying the further proceedings of the criminal case no. 464 of 2014, under Section 323 , 504, 506 I.P.C. and Section 3(i)(x) S.C.&S.T. Act, pending before the Court of Additional Chief Judicial Magistrate customs Lucknow. 3. After arguing at length, learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that a direction may be issued so that the applicant may surrender before the court concerned. 4. In view of aforesaid and without expressing any opinion on the merits of the case, this application is disposed of with the direction that if the applicant surrenders before the courts below within one month from today and applies for bail, his prayer for bail shall be considered and decided by the courts below in view of the settled law laid down by the Full Bench of this Court in the case of Amrawati & Another Vs. State of U.P. reported in 2004 (57) ALR 290, as affirmed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC). 5. Till the aforesaid period of one month, no coercive measures shall be taken against the applicant in the aforesaid case. 6. It is made clear that this order shall not be treated as an implied direction of this Court to grant bail to the applicant and the trial court shall be at liberty to pass appropriate order in accordance to law.