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Harish vs State Of U.P. Thru. Prin. Secy. … on 13 September, 2019


?Court No. – 14

Case :- U/S 482/378/407 No. – 6519 of 2019

Applicant :- Harish

Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home. Lko Another

Counsel for Applicant :- Vijay Prakash Tiwari,Umesh Singh

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.01/2018, dated 10.08.2018, filed in Case Crime No. 403/2017, under Sections 494, Section498A, Section323, Section504, Section506 IPC and Section 3/4 D.P. Act, P.S. Gazipur, District Lucknow, pending in the Court of Special Chief Judicial Magistrate (Custom), Lucknow. A further prayer has been made for quashing of the summoning order dated 30.07.2019.

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 petitioner, 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 (Harish) 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




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