Citation : 2021 Latest Caselaw 403 ALL
Judgement Date : 7 January, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 29 Case :- U/S 482/378/407 No. - 2902 of 2020 Applicant :- Deependra Singh @ Sonu & Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Raghvendra P. Singh,Satyendra Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
1. Heard learned counsel for the applicants as well as learned A.G.A. for the State.
2. This application has been filed by the applicant for quashing the proceedings of Case No. 11762/2020, State Vs. Deependra Singh @ Sonu and others, pending before chief Judicial Magistrate, Bahraich arising out of FIR No. 1029/2019, U/S 498A/323/504 I.P.C. & 3/4 D.P.Act, P.S. Nanpara, District - Bahraich.
3. From the perusal of the impugned charge sheet as well as record, no case for quashing the proceedings is made out.
6. After arguing the matter at some length, learned counsel for the applicants restricts his prayer to grant appropriate relief in light of the judgment passed in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC).
5. Learned A.G.A. has no objection to the aforesaid prayer.
6. In view thereof, it is provided that if the applicants namely Deependra Singh @ Sonu, Harikrishna Singh, Smt. Kalawati & Preeti Singh surrender before the Court below within four weeks' from today and apply for bail, the Court below will consider the same, in accordance with law in view of the observations made in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)]
7. For a period of four weeks', no coercive steps shall be taken against the applicants in the aforesaid case.
8. With the aforesaid observations, the present application stands disposed of.
(Alok Mathur, J.)
Order Date :- 7.1.2021/Ravi/
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