Dnesh Kumar & Others vs State Of U.P. & Another
2021 Latest Caselaw 69 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 29
 
Case :- U/S 482/378/407 No. - 2874 of 2020
 
Applicant :- Dnesh Kumar & Others
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Deo Raj Singh
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Alok Mathur,J.

1. Heard Sri Deo Raj Singh, learned counsel for the applicants, learned A.G.A. for the State.

2. This application has been filed by the applicants for quashing the impugned order dated 18.05.2019 as well as charge sheet dated 02.09.2019 and the proceedings of S.T. No. 213/19, Case Crime No. 202A/2016 under Section 323/506 IPC & 3(1)(X) SC/ST Act, Police Station - Phoolbehad, District Lakhimpur Kheri (State Vs Dinesh Kumar & Others) pending before the court of learned Second Additional Districit/Special Judge, SC/ST ACt, Lakhimpur Kheri.

3. From the perusal of the impugned charge sheet as well as record, no case for quashing the charge sheet 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 Dinesh Kumar, Sri Ram and Ankit 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 :- 4.1.2021/Ravi/