Allahabad High Court
Smt. Rameshwari & Ors. vs State Of U.P. & Anr. on 16 July, 2019
Author: Anant Kumar
Bench: Anant Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- U/S 482/378/407 No. - 4973 of 2019 Applicant :- Smt. Rameshwari & Ors. Opposite Party :- State Of U.P. & Anr. Counsel for Applicant :- Gur Deo Saran,Mohammad Jafar Counsel for Opposite Party :- G.A. Hon'ble Anant Kumar,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
By means of present petition under Section 482 Cr.P.C. the petitioners have prayed to set-aside the charge sheet filed in case crime no.311/18 by police of P.S. Shiv Garh, Raebareli under Sections 323, 308, 504, 325, 506 I.P.C. in case no.1537/18 State Vs. Shiv Nath and others (Annexure No.9) of this petition and to set-aside the order dated 07.06.2019 passed in case crime no.311/18 by learned trial court below under sections 323, 308, 504, 325, 506 I.P.C. in case no.1537/18, State Vs. Shiv Nath and others (Annexure No.10) of this petition, through which non-bailable warrants was issued against petitioners.
It is a cross case and both the sides have sustained injuries.
Learned counsel for the petitioners has confined his arguments only to the extent that the benefit of judgement rendered by the Apex Court reported in 2009 (3) 322(SC) Lal Kamlendra Pratap Singh Vs. State of U.P. may be extended to the petitioners while deciding their bail applications by lower court.
Considering the submission of learned counsel for the petitioners, for which learned A.G.A. has no objection, the petition is finally disposed of with direction to court concerned that if petitioners, namely, Smt. Rameshwari, Shiv Nath, Medi Lal, Maneesh surrender before the court concerned within four weeks from today and move an application for bail, the same shall be considered and disposed of expeditiously in accordance with law and also keeping in view the direction given by the Apex Court in the case of Lal Kamlendra Pratap Singh (Supra).
For four weeks or till the date of surrender, whichever is earlier, no coercive steps shall be taken against the petitioners.
Order Date :- 16.7.2019 sks