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2015 DIGILAW 2207 (ALL)

Jay Nath Singh v. State of U. P.

2015-07-31

OM PRAKASH VII

body2015
JUDGMENT Om Prakash-VII, 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 to quash the order dated 5.6.2015 passed by A.C.J.M, Court No.3, Kanpur Dehat in case no.329 of 2008 (State Vs. Jay Nath Singh and others) arising out of Case Crime no. 71 of 1998 under Sections 304-A, 201 I.P.C. Police Station-Derapur, District Kanpur Dehat. 3. Applicants were on bail during trial. It appears that vide order dated 5.6.2015, trial Court formed opinion that offence under section 354, 302 IPC is made out against the applicants. Thereafter, process of bailable warrant to ensure the presence, rejecting the exemption application, was also issued in the same order. Feeling aggrieved with the said order, present application has been preferred by the applicants. 4. From a perusal of the entire contents of the impugned order, it cannot be said at this stage that trial Court, while passing the order dated 5.6.2015, has committed any illegality or perversity. 5. After having heard learned counsel for the parties and perused the record, at this stage it cannot be said that no prima facie case is made out against the applicant. Therefore, no ground exists for quashing of the impugned order. 6. However, considering the facts and circumstances of the case, it is directed that in case the applicants appear before the court concerned and apply for bail in the newly added sections, the same shall be considered and disposed of expeditiously, preferably on the same day, in accordance with law taking into consideration this fact that the applicants were on bail in this matter. With the aforesaid directions, this application is finally disposed of.