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Mohd. Ansar & Others vs State Of U.P. & Another on 6 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 14

Case :- U/S 482/378/407 No. – 5634 of 2019

Applicant :- Mohd. Ansar Others

Opposite Party :- State Of U.P. Another

Counsel for Applicant :- Shantanu Mishra

Counsel for Opposite Party :- Govt. Advocate

Hon’ble Anant Kumar,J.

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

By means of this petition under Section 482 Cr.P.C. petitioners pray for quashing the entire criminal proceeding of Case No.761 of 2018 initiated on the basis of the charge sheet No.09 of 2018 dated 01.02.2018, arising out of Case Crime No.67/2017, Under Section 498A, Section323, Section506 I.P.C. Section 3/4 D.P. Act, Police Station – Mahila Thana, District – Pratapgarh (State Vs. Mohammad Ansar), which is pending in the court of learned Additional Chief Judicial Magistrate, Room No.14, Pratapgarh.

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

However, if petitioners, namely, Mohd Ansar, Nagina, Sana, Zarina, Abdul, Sazara and Siraj, surrender before the court below within four weeks from today and move 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 petitioners.

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

Order Date :- 6.8.2019

S. Kumar

 

 

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