Allahabad High Court
Smt. Sunita And 3 Others vs State Of U.P. And Another on 5 April, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- APPLICATION U/S 482 No. - 10381 of 2023 Applicant :- Smt. Sunita And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahesh Kumar Kuntal Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
List revised.
Heard Sri Mahesh Kumar Kuntal, learned counsel for the applicants, Sri B.B. Upadhyay, learned counsel for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants Smt. Sunita, Dharmveer, Mahendra Sharma and Khusiram Sharma with the prayer to allow this application and quash the impugned charge sheet dated 15.06.2020 as well as cognizance order dated 02.02.2021 as well as entire criminal proceeding as Criminal Case No. 3805 of 2021 (State Vs. Smt. Sunita and others), arising out of Case Crime No. 261 of 2019, under Sections 406, 494, 496, 504, 506, 468, 120-B I.P.C., Police Station Govindnagar, District Mathura, pending in the court of Chief Judicial Magistrate, Mathura and with a further prayer to stay the further proceedings of the aforesaid case.
At the very outset, learned counsel for the applicants states that the purpose of the applicants would suffice if an order is passed directing the trial court to decide the bail application of the applicants, as expeditiously as possible. He further states that although the prayer has been made for quashing and staying the further proceedings of the case but he does not press the same.
Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicants.
In view of the above, the prayer for quashing and staying the further proceedings of the aforesaid case is dismissed as not pressed.
However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicants, it is directed that if the accused-applicants surrender before the trial court and apply for bail within two weeks from today, the same shall be considered and decided expeditiously in accordance with law. Till the aforesaid period, no coercive action shall be taken against the applicants.
It it clarified that if the accused-applicants do not appear before the court concerned by the said date, the court concerned shall proceed against them in accordance with law.
The present application is disposed of.
Order Date :- 5.4.2023 M. ARIF (Samit Gopal, J.)