Km. Reeta vs The State Of U.P And Anr.
2013 Latest Caselaw 3384 ALL

Citation : 2013 Latest Caselaw 3384 ALL
Judgement Date : 24 June, 2013

Allahabad High Court

Km. Reeta vs The State Of U.P And Anr. on 24 June, 2013

Bench: Surendra Vikram Rathore




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- U/S 482/378/407 No. - 2956 of 2013
 

 
Applicant :- Km. Reeta
 
Opposite Party :- The State Of U.P And Anr.
 
Counsel for Applicant :- Sudhakar Mishra
 
Counsel for Opposite Party :- Govt. Advocate
 
Hon'ble Surendra Vikram Singh Rathore,J.

Heard learned counsel for the applicants, 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 applicants for quashing the Charge-sheet No.10 of 2012, dated 30.7.2012 arising out of Case Crime No.74 of 2012, under Sections 409/419/420/467/468/471 I.P.C., Police Station Baldirai, District Sultanpur, pending before IIIrd Additional Chief Judicial Magistrate,Court No.19, District Sultanpur.

After arguing at length, learned counsel for the petitioner submits that he does not want to press this application on merit and he confines his prayer only to the extent that a direction may be issued so that the applicant may surrender before the court concerned.

I have very carefully examined the submissions advanced by the learned counsel for the petitioner and gone through the record.

The chargesheet has been filed after investigation which is based on the relevant materials. The chargesheet can be quashed only on limited ground which are absolutely lacking in the instant case, as such, no interference is required to quash the impugned proceedings.

The application lacks merit and is accordingly dismissed.

However, keeping in view the provisions of Section 437 Cr.P.C., as the applicant is a lady, it is provided that if the applicant surrenders before the court below within one months from today and apply for bail, her prayer 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 & Anr Vs. State of U.P. reported in [2004 (57) ALR 290] as affirmed by Hon'ble the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)]. Till the aforesaid period of one month no coercive measures shall be taken against the applicant.

Order Date :- 24.6.2013

A.Nigam