Disposed

Smt. Sharda Devi and 3 Others v. State of U.P. and Another

Allahabad HC9 Apr 2018A482/11514/2018

Case brief

AI extract

What is this about?

The High Court refused to quash the order of the Chief Judicial Magistrate in an application filed under Section 482 Cr.P.C. for bail, holding that the matter requires factual appraisal and evidence analysis. However, bail was considered possible if the applicants surrendered within 30 days.

What did the court decide?

Application to quash not allowed. Bail may be considered if applicants surrender within 30 days; non-bailable warrants kept in abeyance for 30 days.

Smt. Sharda Devi and 3 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2018)

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Court No. - 49

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Case :- APPLICATION U/S 482 No. - 11514 of 2018

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Applicant :- Smt. Sharda Devi And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Awadh Mishra,Siddhartha Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the order dated 06.03.2018 passed by Chief Judicial Magistrate, Mathura in Case No. 16852 of 2015 (State Vs. Resham Devi and others) in Case Crime No. 158 of 2015 under sections 420, 467, 468 and 471 IPC, Police Station Govind Nagar, Mathura, District Mathura pending in the court of Chief Judicial Magistrate, Mathura.

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Learned counsel for the applicants submits that earlier the applicants had filed 482 application No. 37384 of 2015 in which an interim order was passed which was last extended on 04.12.2017. Subsequently, the aforesaid application came to be dismissed for non prosecution on 04.12.2017. Consequently, it is submitted that NBW have been issued.

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Having heard the learned counsel for the applicants and perused the materials brought on record, it does not appear to be a fit case to quash the impugned order. The prayer to quash the same is hereby refused, at this stage as the argument raised by learned counsel for the applicants involves factual disputes and appraisal of evidence.

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However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicants appear and surrender before the court below within 30 days and no more from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid 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 Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

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For a period of 30 days and no more, from today, the nonbailable warrant issued against the applicants shall be kept in abeyance.

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The present application stands disposed of .

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Order Date :- 9.4.2018 Madhurima

Smt. Sharda Devi and 3 Others v. State of U.P. and Another

Case brief

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Smt. Sharda Devi and 3 Others v. State of U.P. and Another

Case brief

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