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Prabhat Kumar & Others vs State Of U.P. & Another on 23 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 31

Case :- U/S 482/378/407 No. – 3412 of 2018

Applicant :- Prabhat Kumar Others

Opposite Party :- State Of U.P. Another

Counsel for Applicant :- Anand Dubey,Ajay Kumar,Shyam Lal Dhanurdhari

Counsel for Opposite Party :- Govt. Advocate,Suresh Chandra Shukla

Hon’ble Shashi Kant,J.

Heard Sri Shyam Lal Dhanudhari, learned counsel for the applicants, Sri Sudhir Upadhyay, learned A.G.A. for the State, Sri Suresh Chandra Shukla, learned counsel for opposite party no. 2 and perused the material available on record.

This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the impugned charge sheet arising out of Case Crime No. 529 of 2017 (State verus Prabhat Kumar others), under Sections 498A, Section504, Section506 IPC and Section 3/4 D.P. Act, Police Station Thakurganj, District Lucknow as well as summoning order dated 7.2.2018 passed by Additional Chief Judicial Magistrate, C.B.I. (Ayodhya Prakaran), District Lucknow..

After arguing the matter up to some length, learned counsel for the applicants submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicant nos. 1 to 3 who is husband, father-in-law, mother-in-law of opposite party no. 2 may be permitted to surrender and move bail application, before the court concerned and suitable directions may be issued that same may be heard and decided expeditiously, in accordance to law. So far as applicant nos. 4 and 5 are concerned they are sisters of the husband of opposite party no. 2 and completing their studies by living in hostel, their case is distinguishable from the case of applicant nos. 1 to 3 as such they may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same.

Learned A.G.A. as well as learned counsel for opposite party no. 2 have no objection in grant of aforesaid prayer.

In view of above, it is provided that if the applicant nos. 1 to 3 surrender before the courts below within thirty days from today, and apply for bail, their application for bail shall be considered and decided by the courts 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 applicants 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 applicants in the aforesaid case.

In case, applicants fail to surrender before the Courts below, within the stipulated period of thirty days, they will not get benefit of this order.

So far as applicant nos. 4 and 5 are concerned, it is provided that they are permitted to move their discharge application(s) through counsel within thirty days from today and in case any such application(s) is/are being filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.

Till the aforesaid period of thirty days and during pendency of discharge application, no coercive steps shall be taken against the applicant nos. 4 and 5 in the aforesaid case.

In case of failure on the part of applicant nos. 4 and 5 in moving the discharge application(s) within the aforesaid period, they will not be entitled to the benefit of this order.

It is clarified that after disposal of discharge application(s), the applicant nos. 4 and 5 will be subject to regular process of the court concerned, including bail etc.

The applicant no. 1 to 3 may also move discharge application, at appropriate stage, and in case any such application is moved same shall be heard and decided in accordance with law by means of reasoned and speaking order.

It is clarified that after disposal of discharge application, the applicants will be subject to regular process of the Court concerned, including bail, etc.

With above directions this application stands disposed of.

Order Date :- 23.7.2019

Ravi Prakash

 

 

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