Arjun Prasad Vishvkarma and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 15 Case :- APPLICATION U/S 482 No. - 12144 of 2023 Applicant :- Arjun Prasad Vishvkarma And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Amrendra Singh,Vaibhav Chauhan Counsel for Opposite Party :- G.A. Hon'ble Shamim Ahmed,J. Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record. The instant Application under Section 482 Cr.P.C. has been filed on behalf of the applicants, namely, Arjun Prasad Vishvkarma and Shashi Kala Devi with a prayer to quash the entire proceedings of Complaint Case No.843 of 2023 as well as impugned summoning order dated 24.11.2023 passed by learned Judicial Magistrate-III, Faizabad against the applicant no.2 in Complaint Case No.844 of 2023, under Section 138 N.I. Act, Police Station Goshaiganj, District Ayodhya. After some argument, learned counsel for the applicants confined his prayer to the extent that a positive direction may be given to learned court below that if a bail application is moved before it by the applicants, the same may be considered and decided expeditiously in accordance with law. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants and submits that a positive direction may be issued to the learned court below to consider and decide the bail application, if moved before it by the applicants, expeditiously in accordance with law after hearing the public prosecutor. In view of the submissions made by learned counsel for the parties, if the applicants appear and surrender before the court below and apply for bail, the prayer for bail shall be considered and decided expeditiously by the court below in accordance with law after hearing the Public Prosecutor. With the aforesaid observations, this application is finally disposed of. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. Order Date :- 14.12.2023 Saurabh High Court of Judicature at Allahabad, Lucknow Bench