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Smt. Poonam Dubey vs State Of U.P. Thru. Prin. Secy. … on 24 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 11

Case :- U/S 482/378/407 No. – 6638 of 2019

Applicant :- Smt. Poonam Dubey

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

Counsel for Applicant :- Piyush Chandra Agarwal,Rajnish Ojha,Vinay Kumar Yadav

Counsel for Opposite Party :- Govt. Advocate,Amit Tripathi,Sachin Chaturvedi

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 14.12.2018 filed in Case Crime No. 204 of 2017, under Sections 306, Section498A I.P.C., P.S. Vibhuti Khand, District Lucknow as well as summoning order dated 07.08.2019 passed by Chief Judicial Magistrate in Case No. 39794 of 2019, including entire proceeding.

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 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 surrender before the court below within thirty days from today, and apply for bail, his 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 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 fail to surrender before the Courts below, within the stipulated period of thirty days, he will not get benefit of this order.

With above directions this application stands disposed of.

Order Date :- 24.10.2019

S. Shivhare

 

 

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