Mohammad Husain & Others vs State Of U.P. & Another
2021 Latest Caselaw 404 ALL

Citation : 2021 Latest Caselaw 404 ALL
Judgement Date : 7 January, 2021

Allahabad High Court

Mohammad Husain & Others vs State Of U.P. & Another on 7 January, 2021

Bench: Alok Mathur




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 29
 
Case :- U/S 482/378/407 No. - 3156 of 2020
 
Applicant :- Mohammad Husain & Others
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Alok Singh,Bhoopendra Pratap Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Alok Mathur,J.

1. Heard learned counsel for the applicant, learned A.G.A. for the State.

2. This application has been filed by the applicant for quashing the impugned charge sheet dated 24.06.2020 arising out of Case Crime NO. 46/2020, under Sections 498-A, 323, 504, 506 I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station - Sohramau, District Unnao as well as cognizance/summoning order dated 21.11.2020 passed by the Additional Chief Judicial Magistrate, Court NO. Unnao Cas No. 1066/2020 (State Vs. Mohd. Husain & others) including entire proceeding thereof initiated in pursuance of the above mentioned ipugned charge sheet and summoning order.

3. From the perusal of the impugned charge sheet as well as record, no case for quashing the charge sheet is made out.

4. 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 Mohammad Husain, Mohd. Munna and Sajju alias Aasma Bano 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/