SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Kalamuddin vs State Of U.P. & Another on 6 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 11

Case :- U/S 482/378/407 No. – 5395 of 2019

Applicant :- Kalamuddin

Opposite Party :- State Of U.P. Another

Counsel for Applicant :- Manoj Kumar Singh

Counsel for Opposite Party :- Govt. Advocate

Hon’ble Rajeev Singh,J.

(C.M. Application No. 90710 of 2019)

Heard learned counsel for the applicant.

Application is allowed.

Learned counsel for the applicant is permitted to make necessary correction in the prayer clause of memo of the application.

Order Date :- 6.8.2019

VKS

Court No. – 11

Case :- U/S 482/378/407 No. – 5395 of 2019

Applicant :- Kalamuddin

Opposite Party :- State Of U.P. Another

Counsel for Applicant :- Manoj Kumar Singh

Counsel for Opposite Party :- Govt. Advocate

Hon’ble Rajeev Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the charge sheet dated 13.05.2018 as well as summoning order dated 09.01.2019 passed by Judicial Magistrate, Bahraich in Case No. 253 of 2019 (State Vs. Kalamuddin Ors.) arising out of Case Crime No. 1676 of 2017, under Sections 498A, Section147, Section506 and Section494 I.P.C. and Section 3/4 D.P. Act, P.S. Ramgaon, District Bahraich.

After arguing the matter up to some length, learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicant may be permitted to surrender and move bail application before the court concerned and suitable directions may be issued that the same may be heard and decided expeditiously, in accordance to law.

Learned A.G.A. has no objection in grant of aforesaid prayer.

In view of above, it is provided that if the applicant surrenders before the courts below within thirty days from today and applies for bail, his application for bail shall be considered and decided by the court below in view of the settled law laid down by the Full Bench of this Court in the case of Amrawati Another Vs. State of U.P. reported in 2004 (57) ALR 290, as affirmed by Hon’ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).

It is made clear that this order shall not be treated as an implied direction of this Court to grant bail to the applicant and the court concerned shall be at liberty to pass appropriate order in accordance to law.

Till the aforesaid period of thirty days, no coercive measures shall be taken against the applicant in the aforesaid case.

In case, applicant fails to surrender before the Courts below within the stipulated period of thirty days, he will not get benefit of this order.

With the above directions, this application stands disposed of.

Order Date :- 6.8.2019

VKS

 

 

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation