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2015 DIGILAW 28 (ALL)

Ajay Jaiswal v. State of U. P

2015-01-08

VISHNU CHANDRA GUPTA

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JUDGMENT Vishnu Chandra Gupta, J. Heard learned counsel for the petitioners and the learned A.G.A. for the State. 2. By means of this petition under Section 482 Cr.P.C., the petitioners have prayed for quashing the order dated 29.01.2014 passed by Judicial Magistrate, Court No. 34, Lucknow in Complaint Case No. 993 of 2013, under Section 323 , 504, 506 I.P.C., Police Station Hasanganj, District- Lucknow as well as proceedings of Complaint Case No. 993 of 2013 pending in the Court of Judicial Magistrate, Court No. 34, Lucknow. 3. From the perusal of material on record, it could not be said that no case is made out against the petitioners. Therefore, at this stage no interference is called for by this Court. The petition lacks merit. 4. However, if the petitioners surrender before the court below within three weeks from today and move bail application, the same shall be considered and disposed of expeditiously in accordance with law and also keeping in view the directions contained in the judgment delivered by the Apex Court reported in 2009 (3) ADJ 322 (SC) (Lal Kamlendra Pratap Singh Vs. State of U.P.), in case the accused petitioners have not yet been surrendered and applied for bail. 5. For three weeks or till the date of surrender, whichever is earlier, no coercive steps shall be taken against the petitioners. With this observation, the petition is finally disposed of.