Smt. Mithlesh vs State Of U.P. And Another
2018 Latest Caselaw 3713 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 39038 of 2018
 

 
Applicant :- Smt. Mithlesh
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ravi Shanker Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Learned counsel for the applicant is permitted to make necessary correction in the memo of application U/s 482 Cr.P.C.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present application under section 482 Cr.P.C. has been filed for quashing the Notice dated 1.10.2018, under section 82 Cr.PC. issued by Learned Addl. Civil Judge (Sr. Division), Shahjahanpur against the applicant in Case Crime No. 307 of 2018 (State Vs. Pradeep Gupta and others) under section 498A, 306, 323 IPC and 3/4 D.P. Act, P.S. Jalalabad, District Shahjahanpur.

Learned counsel for the applicant submits that applicant is mother-in-law of the deceased. She is ill and 60 years old lady. The applicant has falsely been implicated in this case. It has further been submitted that due to serious illness the applicant could not appear or surrender before the court concerned. She has every intention to surrender before the court concerned. The husband of the deceased is in jail.

Considering the facts and circumstances of the case, I do not find any ground to quash the order dated 1.10.2018 U/s 82 Cr.P.C. issued in the aforementioned case, therefore, the prayer for quashing the same is hereby refused.

However, it is directed that if the applicant appears and surrenders before the court below within 10 days from today and applies for bail, her prayer for bail shall be considered and decided expeditiously in accordance with law.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 15.11.2018

Masarrat