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Asha Saxena & Ors. vs State Of U.P. & Anr. on 28 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 13

Case :- U/S 482/378/407 No. – 8437 of 2019

Applicant :- Asha Saxena Ors.

Opposite Party :- State Of U.P. Anr.

Counsel for Applicant :- Shobhit Saxena

Counsel for Opposite Party :- G.A.

Hon’ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the petitioners as well as learned Additional Government Advocate and perused the record.

2. By means of this petition preferred under Section 482 Cr.P.C. the petitioners have prayed for quashing the entire proceedings of Criminal Case No.20663 of 2019, State Vs. Rahul Saxena and others, arising out of Crime No.972 of 2017, under Sections 323, Section504, Section506, Section498A IPC and Section 3/Section4 Dowry Prohibition Act, Police Station Gazipur, District Lucknow and also to quash the charge sheet dated 20.1.2019.

3. Learned counsel for the petitioners submits that he would like to file an application for discharge under the provisions of SectionCr.P.C., to which learned counsel for the State, does not have any objection.

4. Accordingly, the petitioners are granted liberty to file an application in conformity with the provisions of SectionCr.P.C., within a period of fifteen days from today. After the said application is filed, learned trial Court is directed to dispose of the same within a period of forty five days thereafter. The petitioners are also granted liberty to appear through their counsel. Till expiry of sixty days, no coercive steps shall be taken against the petitioners.

5. With the aforesaid observations / directions, the petition stands disposed of.

Order Date :- 28.11.2019

Rao/-

 

 

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