High Court Of ChhattisgarhMCRCA/436/2017withdrawn

Shreekant Singh And ANR. v. State Of Chhattisgarh

2017-07-21Hon'Ble Shri Justice Chandra Bhushan Bajpai2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 436 of 2017

1. Shreekant Singh S/o Heetkishore Singh Aged About 30 Years

2. Heet Kishore Singh S/o Lekhan Singh Aged About 62 Years Both R/o Village Jhagarhatta, Police Station City Kotwali, Mungeli, District Mungeli, CG.

---- Applicant

Versus

State of Chhattisgarh through the Police Station City Kotwali, Mungeli, District Mungeli, CG.

---- Respondent For applicant Mr. Pallav Mishra, Adv.

For Respondent/State Mr. Anant Bajapi, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 21-71. At the outset, learned counsel for the applicants submits that instant MCRCA may be disposed of as withdrawn as the applicants intend to surrender before the concerned court of Judicial Magistrate First Class having jurisdiction and further intend to file an application under Section 437 of the Cr.P.C. He further submits that concerned court may be directed to hear the matter and decide the said application as early as possible preferably on the same day.

2. As prayed, instant MCRCA is disposed of as withdrawn without any appreciation on its merit. It is directed that if the applicants give three days' prior notice to the IO/SHO/incharge of Police Station City Kotwali, Distt. Mungeli, in connection with Crime No. 182/2017 under Section 498-A and 34 of the Indian Penal Code, 1860 regarding their surrender before the concerned Judicial

Magistrate having jurisdiction and also give 3 days prior intimation to the concerned Judicial Magistrate having jurisdiction and if the applicants after surrender as per law file an application under Section 437 of the Cr.P.C. after completion of all formalities as required under the law by the police and the concerned Magistrate, the said application for release on bail under Section 437 of the Cr.P.C. be disposed of as expeditiously as possible preferably on the same day.

3. The applicants themselves may file copy of the order before the concerned court for compliance. Registrar (Judicial) is also directed to send copy of the order to the concerned Magistrate having jurisdiction through fax and usual mode immediately.

4. MCRCA is accordingly disposed of.

Sd/- Chandra Bhushan Bajpai) Judge Pathak