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Shams Javed and Another vs State of U.P. and Another

Allahabad High Court · Decided on 24 September 2010 · Citation: (2010) 09 AHC CK 0035

HON’BLE JUDGES
Rajesh Dayal Khare, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482 · Penal Code, 1860 (IPC) — Section 302, 364
RESULT
Dismissed
CASE NUMBER
Application No. 7281 of 1997
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Judgment

9 paragraphs · 347 words

Rajesh Dayal Khare, J.—List revised none appears to press this application on behalf of applicants.

2.

Another Bench of this Court vide its order dated 13.11.1997 had issued notice to the opposite party No. 3 in the meantime, stayed the arrest of the applicants in Case Crime No. 208 of 1997, under Sections 364, 302 I.P.C., Police Station Anwarganj, District Kanpur Nagar.

3.

As per office report, notice issued to the opposite party No. 3 has been served, but no counter affidavit has been filed till date.

4.

The present application u/s 482 Cr.P.C., has been filed for quashing of the F.I.R., registered in Case Crime No. 208 of 1997, under Sections 364, 302 I.P.C., Police Station Anwarganj, District Kanpur Nagar.

5.

The prayer made in the present application is mis-conceived/not maintainable.

6.

Accordingly, the present application is dismissed.

7.

Interim order dated 13.11.1997 is hereby vacated.

8.

However, it is directed that the applicants shall appear and surrender before the court below within 30 days, from the date of communication of this order by the concerned Court below to the applicant 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 Anr. v. State of U.P. reported in 2004 (57) ALR 290 as well as Judgment passed by Hon''ble Apex Court reported in 2009 (3) ADJ 322 Lal Kamlendra Pratap Singh v. State of U.P. The concerned Magistrate is directed to send notice to the applicants immediately after receipt of communication from this Court. For a period of 45 days from the date of communication of this order or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However in case the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

9.

The registry of this Court is directed to communicate the order of this Court passed today to the concerned Court below forthwith.