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2015 Supreme(All) 2984
ALLAHABAD HIGH COURT
Akhtar Husain Khan, J.
Haris Chandra Singh And Anr. - Appellant
Versus
State of U.P. Thru. Prin. Secy. (Home), Civil Sectt. & Anr. - Respondent
U/S 482/378/407 No. 5228 of 2015
Decided On : 28-10-2015
For the Petitioner: Rajesh Bahadur Singh Rath.
For the Respondent:Govt. Advocate.
The court's decision was based on the principle that no interference is justified during an ongoing investigation, as per the order of the division Bench of the Court.
Headnote:
Bail Application - Dismissal of Petition Under Section 483 Cr.P.C. - The court dismissed the petitioners' plea for direction to dispose of their bail application, citing the lack of interference justified during the ongoing investigation as per the order of the division Bench of the Court. The investigation was still pending, and no relief had been granted to the petitioners in a previous writ petition. Therefore, the petition under Section 483 Cr.P.C. was dismissed.
Fact of the Case:
The petitioners, Harish Chandra Singh and Mayawati @ Raj Kumari, moved a petition under Section 483 Cr.P.C. seeking direction to courts below to dispose of their bail application in a criminal case.
Finding of the Court:
The court dismissed the petition under Section 483 Cr.P.C., citing the lack of interference justified during the ongoing investigation as per the order of the division Bench of the Court.
Issues: The main issue was whether the court should direct the disposal of the bail application of the petitioners during the ongoing investigation.
Ratio Decidendi: The court's decision was influenced by the lack of interference justified during the ongoing investigation as per the order of the division Bench of the Court and the absence of relief granted to the petitioners in a previous writ petition.
Final Decision: The petition moved under Section 483 Cr.P.C. was dismissed by the court.
Akhtar Husain Khan, J.
Heard learned counsel for the petitioners as well as learned A.G.A.
2. Present petition has been moved by petitioners- Harish Chandra Singh and Mayawati @ Raj Kumari under Section 483 Cr.P.C. with prayer for direction to courts below to dispose of bail application of petitioners in view of law laid down in the case of Amarawati and another vs. State of U.P. reported in 2005 Cr.L.J. 755 as approved by Hon'ble Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P. and others reported at 2009 (4) SCC 437 in case crime No. 557 of 2015 under Sections 419, 420, 467, 468, 471 I.P.C. Police Station Bachhrawan, District Raebareli.
3. Petitioners have already filed writ petition No. 8194 (M/B) of 2015 (Haris Chandra and anther vs. State of U.P. and others) for quashing the F.I.R. Said writ petition has been dismissed vide order dated 07.09.2015 passed by division Bench of this court. Investigation is still pending. Charge-sheet has yet not been submitted.
4. In view of order dated 07.09.2015 passed by division Bench of this Court, no interference is justified again during investigation under section 483 Cr.P.C. As division Bench has not granted any releif to the petitioners in above petition.
5. In view of above, petition moved under Section 483 Cr.P.C. is dismissed.
