Allahabad High Court
Smt. Soni Devi @ Madhubala @ Soniya And ... vs State Of U.P. And Another on 6 March, 2020
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- APPLICATION U/S 482 No. - 9685 of 2020 Applicant :- Smt. Soni Devi @ Madhubala @ Soniya And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicants with the prayer to quash the Charge-Sheet No. 01 of 2018 (A-93/18) dated 29.07.2018 and entire proceedings of Criminal Case No. 311 of 2019 (State Vs. Amit Kumar and others), arising out of Case Crime No. 0014 of 2018, under Sections 419, 420, 467, 468, 471 IPC, Police Station Jamalpur, District Mirzapur, pending in the court of Judicial Magistrate, Mirzapur.
At the very outset, learned counsel for the applicants has submitted that he does not want to press other prayers made in the prayer clause and has only made a prayer for expeditious disposal of his bail application in view of law laid down in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. Considering the prayer of the applicants and in view of the entire facts and circumstances of the case, it is directed that if the applicants appear and surrender before the court below within 45 days from today and apply for bail, their prayer for bail shall be considered and decided in view of settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
For a period of 45 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them. However in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application under Section 482 CrPC is finally disposed of.
Order Date :- 6.3.2020 Nadim