- (1.) Heard learned counsel for the applicant and learned AGA for the State. This application u/s 482 Cr.P.C. has been filed for quashing of proceedings of Case No. 3304 of 2009 (State of U.P. vs. Prem Narain and another), under Sections 323, 325, 427 IPC, police station Kalwari, district Basti pending in the Court of Judicial Magistrate-II, Court No. 13, Basti and also for quashing of the cognizance taking order dated 05.07.2010 passed in the aforesaid case. The impugned order does not suffer from any illegality. No ground for any interference by this Court is required.
(2.) However, in the facts and circumstances of the case, the application is disposed of with a direction that if the applicant surrenders before the Magistrate concerned within three weeks from today and applies for bail, his prayer for bail be considered and disposed of by the court below in view of Full Bench decision of this Court in the case of Amrawati and another vs. State of U.P., 2004 57 AllLR 290as affirmed by Hon'ble Apex Court in Lal Kamlendra Pratap Singh vs. State of U.P., 2009 3 ADJ 322 .
(3.) If, for any reason, the disposal of the bail application on the same day is not possible, then the court below shall release the applicant on interim bail till the final disposal of the bail application. For a period of three weeks, no coercive steps shall be taken against the applicant. However, it is provided that at an appropriate stage, the applicant can move application for discharge, the same shall be considered by the court concerned in accordance with law.;