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2016 DIGILAW 229 (ALL)

Ramchandar @ Ramjas v. State of U. P.

2016-01-18

RAMESH SINHA

body2016
JUDGMENT Ramesh Sinha, J. Heard Sri Daya Shanker Pandey, learned counsel for the applicants and Sri Nitin Srivastava, learned A.G.A. for the State. 2. This application under section 482 Cr.P.C. has been filed with a prayer to quash the orders dated 26.7.2014 and 15.12.2015 passsed by the learned Judicial Magistrate-I, Jaunpur and learned Additional Sessions Judge, Court no. 4, Jaunpur respectively in Criminal Revision No. 233 of 2014 (Ramchandra @ Ramjas and others Vs. Bechupal) in Case Crime no. 64 of 2012 under sections 308, 504 IPC, Police Station Meerganj, District Jaunpur. 3. It is submitted by learned counsel for the applicant that applicants have approached this Court by way of filing the application under section 482 Cr.P.C. application No. 8240 of 2012 which was disposed of on 2.3.2012. Thereafter the charge sheet has been submitted under sections 323, 504, 506 IPC, thereafter the complainant moved an application for adding the section 308 IPC which has been allowed and section 308 IPC has been added. 4. After having heard the learned counsel for the parties present and perused the impugned order as well as the material brought on record, I am of the view that the impugned order is based upon relevant considerations and supported by cogent reasons, hence requires no interference by this Court. 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 judgement 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. 8. With the aforesaid directions, this application is finally disposed of.