Dismissed

Indrawati Devi and 2 Others v. State of U.P. and 3 Others

Allahabad HC27 Jan 2020A227/505/2020

Case brief

AI extract

What is this about?

Petitioner sought to set aside a judgment under Section 482 Cr.P.C. Counsel withdrew prayers for quashing and stay but insisted on same-day bail hearing. Court directed applicants to surrender within 45 days for bail consideration and granted protection from coercive action during that period.

What did the court decide?

Application for quashing quashed; bail prayer to be considered if applicants surrender within 45 days; no coercive action in the interim.

Indrawati Devi and 2 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2020)

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Court No. - 66

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Case :- MATTERS UNDER ARTICLE 227 No. - 505 of 2020

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Petitioner :- Indrawati Devi And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Kumar Misra,Anita Singh Counsel for Respondent :- G.A.

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Hon'ble Rajul Bhargava,J.

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

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The present application under Section 482 Cr.P.C. has been filed for setting aside judgement and order dated 26.09.2019 passed by Additional District and Sessions Judge-V, Jaunpur in Criminal Revision No.83 of 2015 (Indrawati Devi and others Versus State of U.P. and another) as well as order dated 22.11.2014 passed by Additional Chief Judicial Magistrate-II, Jaunpur in Complaint Case No.246 of 2013 (Mitthu Versus Indrawati and others) under Sections 468, 471, 419 and 420 I.P.C., Police Station Kotwali, District Jaunpur.

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At the very out-set learned counsel appearing on behalf of the applicants submits that he does not want to press the principal prayers seeking quashing of the charge sheet and the entire proceedings as have been made in the application nor is inclined to press the prayer seeking stay of the proceedings. He is ready to submit to the jurisdiction of the court, seek bail and accept all the conditions which this Court may deem fit to impose upon him. The only prayer made by the learned counsel for the applicants is that the hearing of the bail application may be done on the same day.

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In view of the submission made by the learned counsel for the applicants, the application so far as it relates to seeking quashing of the charge sheet and the entire proceeding and so far as it relates to seeking stay of the proceeding, stands dismissed.

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However, 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 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 Apex 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 45 days from today, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

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With the aforesaid observations, this application is finally disposed off.

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Order Date :- 27.1.2020

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MN/-

Indrawati Devi and 2 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Indrawati Devi and 2 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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