Criminal writ petition seeking speedy disposal of bail plea dismissed; Costs of Rupees 10,000/- Imposed by Allahabad HC

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The High Court of Allahabad has dismissed a criminal writ plea that sought speedy disposal of a bail application which was not filed. Cost of Rupees 10, 000/- (ten thousand) has been imposed along with the dismissal.

The relief claimed was:

“Issue a writ, order or direction in the nature of mandamus directing the court below to consider and dispose of the bail application of the applicant expeditiously if possible on same day in First Information Report dated 29.07.2018, registered as Case Crime no. 0833 of 2018, under Section 363 and 366 IPC, Police Station Tajganj, District Agra.”

On a query made by the Court as to before which court the bail application is pending, for which direction has been sought for speedy disposal, learned counsel for the petitioners states that so far no bail application has been filed.

According to learned counsel for the petitioners, the relief sought in the writ petition was for quashing of the same FIR in respect of which the instant petition has been filed. The said writ petition was dismissed as infructuous.

The matter was being heard by Bench of Hon’ble Justices Ravi Nath Tilhari and Manoj Kumar Gupta.

The Court then ordered:

“In such circumstances, filing of the instant petition, praying for a direction for speedy disposal of the bail application when the petitioners are not in jail, nor any bail application at their behest is pending before any court of law, amounts to gross abuse of the process of law”.

Anusha Richa Mishra
"Let justice be done, though the heavens fall" I am Anusha Richa Mishra and I believe that justice is for everyone and the correct approach towards it is to spread awareness, to awaken, uplift and enable each and every individual so that they get what look wish for. I am a Graduate in Economics and am currently pursuing my degree of LLB from BVDU’s New Law College, Pune. I aspire to contribute to the society through my efforts and approach towards a just environment where we co-exist, follow the law and worship the Constitution.