Bhaiya Lal And 3 Others v. State of U.P & Anr.

Heard Sri Ram Babu Singh, learned counsel for the applicants and Sri Birendra Pratap Singh, learned counsel for the State and perused the records.

The present application under Section 482 Cr.P.C. has been filed by the applicants- Bhaiya Lal, Maan Singh, Shyam Kumar @ Shyamu and Daroga @ Manoj, with the prayer to allow the present application and quash the entire proceeding as well as charge-sheet dated 12.05.2023 & summoning order dated 21.07.2023 in Criminal Case No. 4699 of 2023 (State Vs. Bhaiya Lal and others) arising out of Case Crime No. 304 of 2021, under Sections 323, 504, 308 I.P.C., Police Station Thathiya, District Kannauj, pending in the court of Chief Judicial Magistrate, Kannauj, with a further prayer that proceedings of the aforesaid case be stayed during the pendency of the present application.

After arguments on merits at length learned counsel for the applicant states that he does not want to press the prayers made in the present petition on merits. He submits that bailable warrants were issued against the applicants earlier and now non-bailable warrants have been issued. He submits that the purpose of the applicants would be served if they are permitted to appear before the trial court within a period of two weeks from today and file a regular bail application/an application for recall of non-bailable warrants.

Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicant.

In view of the above, the prayer for quashing as prayed for is dismissed as not pressed.

However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicants, it is directed that if the accused-applicants appear and apply for bail/an application for recall of non-bailable warrants before the court concerned within two weeks from today, the same shall be considered and decided in accordance with law.

For a period of two weeks from today or till appearance of the applicants, whichever is earlier, the non-bailable warrants be kept in abeyance. However, if the applicants do not appear in the aforesaid time, the court concerned shall proceed as per law.