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Siddeek @ Siddeek Ahmad & Ors. vs State Of U.P. & Anr. on 13 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 14

Case :- U/S 482/378/407 No. – 5811 of 2019

Applicant :- Siddeek @ Siddeek Ahmad Ors.

Opposite Party :- State Of U.P. Anr.

Counsel for Applicant :- Jai Prakash Singh

Counsel for Opposite Party :- G.A.

Hon’ble Anant Kumar,J.

Heard learned counsel for the petitioners, 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 petitioners has prayed for quashing of the charge-sheet dated 14.04.2018 being charge-sheet No. 29 of 2018, arising out of FIR No. 07/2018, under Sections 498A, Section323, Section504, Section506 IPC and Section 3/Section4 of Dowry Prohibition Act, Police Station Mahila Thana, District Faizabad and cognizance order dated 02.07.2018, passed by the Judicial Magistrate, IIIrd, Faizabad in Criminal Case No. 2588 of 2018, (State Vs. Aslam others), under Sections 498A, Section323, Section504, Section506 IPC and Section 3/Section4 Dowry Prohibition Act, Police Station Mahila Thana, District Faizabad.

After arguing at some length, learned counsel for the petitioners 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 petitioners while deciding their bail application by the court below.

Considering the submission of learned counsel for the petitioners, for which learned A.G.A. has no objection, the petition is disposed of finally with a direction to the court concerned that if petitioners (Siddeek @ Siddeek Ahmad, Aslam @ Sagar Shahjahan) surrender 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 petitioners.

Order Date :- 13.8.2019

ML/-

 

 

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