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2015 DIGILAW 1551 (ALL)

Vikram @ Vikram Savita v. State of U. P.

2015-06-16

SHAMSHER BAHADUR SINGH

body2015
JUDGMENT Shamsher Bahadur Singh, J. Heard learned counsel for the applicants and learned AGA for the State. 2. This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No. 980 of 2013 (Smt. Kalpana Devi vs. Vikram & others), under sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Mohabbatpur, District Kaushambi, pending in the court of Judicial Magistrate, Kaushambi, as well as impugned summoning order dated 15.01.2015. 3. Learned counsel for the applicants has only pressed this application for direction of bail in the light of law laid down by this Court in the case of Amrawati and another vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh vs. State of U.P. 4. Learned AGA has no objection to this innocuous prayer. Accordingly, the prayer for quashing the impugned summoning order as well as proceedings of the aforesaid case is refused. 5. However, it is directed that in case the 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 judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh vs. State of U.P. 6. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them. 7. It is made clear that the applicants will not be granted any further time by this Court for surrendering before the Court below as directed above. With the aforesaid directions, this application is finally disposed of.