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Bhoopesh Singh vs State Of U.P. Thru. Secy. Home … on 22 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 14

Case :- U/S 482/378/407 No. – 5122 of 2019

Applicant :- Bhoopesh Singh

Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lucknow Anr.

Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla

Counsel for Opposite Party :- G.A.

Hon’ble Anant Kumar,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

By means of this petition under Section 482 Cr.P.C. petitioner prays for setting aside the impugned order dated 20/11/2017 passed in Complaint Case No.8351/2016, “Nishedh Singh Vs. Bhupesh Singh” pending before Ld. Additional Chief Judicial Magistrate-III, Faizabad, under Sectionsections 498A, Section323, Section504, Section506 IPC and Section 3/Section4 Dowry Prohibition Act. It has further been prayed to stay the proceedings of aforesaid case.

From perusal of the material available on record, it could not be said that no case is made out against the petitioner. Therefore, at this stage no interference is called for by this Court. The petition lacks merit.

However, if petitioner, namely, Bhoopesh Singh surrenders before the court below within four weeks from today and moves bail application, the same shall be considered and disposed of expeditiously in accordance with law and also keeping in view the directions contained in the judgement delivered by the Apex Court reported in 2009 (3) ADJ 322 (SC) (Lal Kamlendra Pratap Singh Vs. State of U.P.).

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

With the aforesaid observation / direction , this petition is finally disposed of.

Order Date :- 22.7.2019

S. Kumar

 

 

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