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2015 DIGILAW 3222 (ALL)

Abdul Azeem @ Mohd. Azeem @ Sheikhu v. State of U. P

2015-10-13

AKHTAR HUSAIN KHAN

body2015
JUDGMENT Akhtar Husain Khan, J. Heard learned counsel for petitioner as well as learned A.G.A. 2. Present petition has been moved by the petitioners under Section 482 Cr.P.C. with prayer to quash the criminal proceedings of Criminal Case No. 203 of 2014 (State vs. Abdul Azeem @ Sheikhu and others), pending in the Court of Special Addl. Chief Judicial Magistrate, C.B.I. (Ayodhya Prakaran), Lucknow as well as the summoning order dated 21.1.2014 and order dated 16.5.2015 by which non-bailable warrant was issued against the petitioner no. 1 and bailable warrants were issued against rest of the petitioners. 3. At the time of hearing, learned counsel for petitioners prayed for a direction under Section 483 Cr.P.C. only for expeditious disposal of bail application. 4. Learned A.G.A. has no objection to this prayer. 5. A direction for expeditious disposal of bail application appears to be just. 6. In view of above, petition is hereby finally disposed of with direction to Magistrate/Trial Court concerned to make expeditious disposal of bail application moved by petitioners in the light of principle laid down by the seven Judges Bench of this Court in the case of Amrawati & Anr Vs. State of U.P., reported in [2004 (57) ALR 290] and affirmed by Hon'ble the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)] subject to condition that petitioners shall appear before Magistrate/Trial Court concerned within one month from today and shall move bail application in accordance with law. 7. In the meantime, no coercive steps shall be taken against petitioners. Time, specified above, shall not be extended further.