Bijendra and Others vs State of U.P.and Another

S.C. Agarwal, J.—Heard learned counsel for the applicants and learned AGA for the State.

This application U/S 482 Cr.P.C has been filed with prayer to quash the summoning order dated 26.3.2009 as well as proceedings of complaint case No. 911 of 2008, under Sections 436 IPC, pending in the Court of Chief Judicial Magistrate, District Mathura.

Learned counsel for the applicants submitted that no first information report was lodged and the complaint was filed after the delay on three months from the alleged date of incident.

After hearing learned counsel for the applicants and considering the materials available on record, I don''t find any good ground to quash the proceedings.

However, in the facts and circumstances of the case, the application is disposed of with a direction that if the applicants surrender before the Magistrate concerned within a period of three weeks from today and apply for bail, their prayer for bail be considered and disposed of by the courts below on the same day keeping in view Full Bench decision of this Court in the case of Amrawati and another Vs. State of U.P. 2004 (57) ALR 290 as affirmed by Hon''ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC).

If disposal of the bail application on the same day is not possible for any reason, then the courts below shall release the applicants on interim bail till the disposal of the bail application.

For the period of three weeks, no coercive steps shall be issued against the applicants.