Allahabad High Court
Phoolkali & Ors. vs State Of U.P. Thru. Secy. Home Deptt. ... on 18 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. - 5047 of 2019 Applicant :- Phoolkali & Ors. Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lucknow & Anr. Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla 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 quash the impugned charge-sheet dated 25.6.2019, filed before learned C.J.M.-16, Sultanpur and cognizance dated 04.07.2019, in Case Crime No.167/19, Criminal Case No.2977A/19, State Vs. Parmanand Tiwari & Ors. under Sections 147, 148, 149, 323, 352, 452, 504, 506, 34 IPC, P.S. Kotwali Dehat, District Sultanpur and cognizance has been taken and to stay the further proceeding in before learned C.J.M.-16, Sultanpur, in Case Crime No.167/19, Criminal Case No.2977A/19, State Vs. Parmanand Tiwari & others. under Sections 147, 148, 149, 323, 352, 452, 504, 506, 34 I.P.C. against the petitioners.
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, Phoolkali, Pooja Tiwari, Mukesh Tiwari and Archana 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 :- 18.7.2019 sks