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Ambrish Dixit vs State Of U.P. & Another on 13 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 14

Case :- U/S 482/378/407 No. – 6523 of 2019

Applicant :- Ambrish Dixit

Opposite Party :- State Of U.P. Another

Counsel for Applicant :- D.P. Dutt Tiwari,Sabih Ahmad

Counsel for Opposite Party :- Govt. Advocate

Hon’ble Anant Kumar,J.

Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the material placed on record.

By means of present petition under Section 482 Cr.P.C. the petitioner has prayed for quashing of the charge-sheet No. 02 of 2011, dated 14.01.2011, relating to Case Crime No. 782 of 2009, under Sections 498A, Section342, Section323, Section504, Section506 IPC, and Section 3 (1) SC/SectionST Act, Police Station Gazipur, District Lucknow, pending before the Special Chief Judicial Magistgrte (Custom), Lucknow in Criminal Case No. 380025 of 2011 (State Vs. Ambrish Dixit).

After arguing at some length, learned counsel for the petitioner has confined his arguments only to the extent that the benefit of judgement rendered by the Hon’ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (4) SCC 437 may be extended to the petitioner while deciding his bail application by the court below.

Considering the submission of learned counsel for the petitioners, for which learned A.G.A. has no objection, the petition is disposed of finally with a direction to the court concerned that if petitioner (Ambrish Dixit) surrenders before the court concerned within a period of four weeks from today and moves an application for bail, the same shall be considered and decided keeping in view the directions given by the Hon’ble Apex Court in the case of Lal Kamlendra Pratap Singh (Supra).

For a period of four weeks or till the date of surrender, whichever is earlier, no coercive steps shall be taken against the petitioner.

Order Date :- 13.9.2019

ML/-

 

 

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