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2015 DIGILAW 1926 (ALL)

Raju @ Rajendra Kushwaha v. State of U. P.

2015-07-16

SHASHI KANT

body2015
JUDGMENT Shashi Kant,J. Heard Sri Vijay Singh Sengar 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 applicants for quashing the order dated 10.06.2015 passed by Chief Judicial Magistrate Auraiya in Case No. 1072 of 2014 (State Versus Raju Kushwaha and others) under Section 323 , 504, 452, 354, 506 I.P.C. and 3(1) X SC/ST Act, arising out of Case Crime No.185 of 2014 Police station- Auraiya District Auraiya pending in the court of Chief Judicial Magistrate, Auraiya. 3. After arguing at length, learned counsel for the applicants 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 applicants may surrender before the court concerned. 4. In view of aforesaid and without expressing any opinion on the merits of the case, this application under Section 482 Cr.P.C. is disposed of with the direction that if the applicants surrender before the courts below within one month from today and apply for bail, their 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 applicants 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 applicants and the trial court shall be at liberty to pass appropriate order in accordance to law. With the above directions, the application is finally disposed of.