Smt. Ishrat Fatima vs State Of U.P. & Another
2013 Latest Caselaw 2094 ALL

Citation : 2013 Latest Caselaw 2094 ALL
Judgement Date : 14 May, 2013

Allahabad High Court

Smt. Ishrat Fatima vs State Of U.P. & Another on 14 May, 2013

Bench: Ravindra Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 1392 of 2005
 

 
Petitioner :- Smt. Ishrat Fatima
 
Respondent :- State Of U.P. & Another
 
Petitioner Counsel :- Mohd. Saulat Wasim
 
Respondent Counsel :- Govt. Advocate,Jageshwar Prasad Mathur,N.K.Misra
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant, learned A.G.A. and Sri Prashant Pandey, holding brief of Sri J.P. Mathura, learned counsel for O.P. No. 2.

This application under 482 Cr.P.C. has been filed against the order dated 16.4.2005 passed by learned Special A.C.J.M. (CBI), Lucknow in case No. 546 of 2005 arising out of the chargesheet submitted in case crime No.237 of 2004, P.S. Thakurganj, District Lucknow, by which the learned Magistrate concerned has taken the cognizance and summoned the applicant to face the trial for the offence punishable under section 498-A IPC and 3/4 D.P. Act.

From the perusal of the record it appears that in the present case FIR has been lodged by O.P. No. 2, after investigation the chargesheet has been submitted by the I.O. on which the learned Magistrate concerned has taken the cognizance. The allegation made against the applicant is prima facie disclosing the commission of the offence under section 498-A IPC and section 3/4 D.P. Act. There is no illegality in the impugned order dated 16.4.2005. the learned Magistrate concerned has not committed any error in passing the imugned orders.

In the present case the applicant No. 4 Zahid Hussain has allegedly died

However, considering the facts, it is directed that in case applicants No. 1,2,3,5 and 6 appear before the court concerned within 30 days from today and apply for bail, the same shall be heard and disposed of in view of Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755 which has been approved by the Hon'ble Apex Court in Lal Kamlendra Pratap Singh Versus State of U.P reported in 2009(4) S.C.C. 437. Thereafter in case they move discharge application before the court concerned, the same shall also heard in accordance with law.

With this direction, this application is finally disposed of.

Order Date :- 14.5.2013

RPD