Smt. Geeta Devi Vs State of U.P. and Anr. — Cheating and Forgery | Allahabad HC (2020)

Smt. Geeta Devi Vs State of U.P. and Anr. — Cheating and Forgery | Allahabad HC (2020)

What the court decided

AI extract

Outcome

Direction to the Court below: on the applicant surrendering and moving a bail application within one month, the Trial Court to consider her bail application in accordance with law, keeping in view Lal Kamlendra Pratap Singh v. State of U.P., 2009 (3) ADJ 322 (SC) and Brahm Singh v. State of U.P., 2016 (7) ADJ 151 (Division Bench); no coercive action against the applicant for one month or till surrender, whichever is earlier; failing appearance within the period, appropriate action in accordance with law.

Issue for consideration

Whether the entire proceedings of Case No.525 of 2019 (State v. Dori Lal and others), arising out of Case Crime No.403 of 2018 under Sections 420 and 504 IPC, Police Station Baheri, District Bareilly, pending before the Judicial Magistrate, Baheri, Bareilly, are liable to be quashed under Section 482 Cr.P.C. +1 more

Court's answer

The quashing prayer was not adjudicated on merits: learned counsel for the applicant made only a limited submission that she is ready to approach the Court below for bail and sought time to surrender.

Ratio / Principle

Application disposed of with a direction that if the applicant surrenders and moves a bail application within one month, the Trial Court shall consider her bail application in accordance with law, keeping in view the settled law laid down in Lal Kamlendra Pratap Singh v. State of U.P. (Supreme Court) and Brahm Singh v. State of U.P. (Division Bench of this Court).

Key takeaways

For a period of one month from the order or till the applicant's surrender, whichever is earlier, no coercive action shall be taken against the applicant.ratio¶10
If the applicant does not appear before the Court below within the stipulated period, appropriate action shall be taken against her in accordance with law.ratio¶11

Detailed headnote1 paragraphs

Section 482 Cr.P.C. — Quashing — application arising from Case Crime No.403 of 2018, Sections 420 and 504 IPC, Police Station Baheri, District Bareilly (Case No.525 of 2019, State v. Dori Lal and others) — applicant confined her prayer to time to surrender and consideration of bail; learned A.G.A. had no objection — HELD: application disposed of with direction that if the applicant surrenders and moves a bail application within one month, the Trial Court shall consider her bail application in accordance with law, keeping in view the settled law in Lal Kamlendra Pratap Singh v. State of U.P., 2009 (3) ADJ 322 (SC) and Brahm Singh v. State of U.P., 2016 (7) ADJ 151 (Division Bench) — for one month or till surrender, whichever is earlier, no coercive action against the applicant — failure to appear within the period invites appropriate action in accordance with law.

Court No. - 80

Case :- APPLICATION U/S 482 No. - 47241 of 2019

Applicant :- Smt. Geeta Devi Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Dharmendra Dhar Dubey Counsel for Opposite Party :- G.A.

Hon'ble Rajendra Kumar-IV,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

The present application under Section 482 Cr.P.C. has been filed by applicant for quashing the entire proceedings of Case No.525 of 2019, State versus Dori Lal and others, (Case Crime No.403 of 2018), under Sections 420 and 504 IPC, Police Station Baheri, District Bareilly pending in the Court of Judicial Magistrate, Baheri, Bareilly.

Only submission made by learned Counsel for applicant that applicant is ready to approach the Court below for bail, therefore, she may be given some time to surrender before the Court below and a suitable direction be issued for considering her bail application, in accordance with law.

Learned AGA has no objection to the aforesaid request regarding the direction of bail.

Present application is dispose of with a direction to the Court below that if applicant surrenders and moves an application for bail within a period of one months from today. Trial Court shall consider her bail application, in accordance with law, and keeping in view of the settled law laid down by Hon'ble Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC) and judgement of Division Bench of this Court in Brahm Singh & others Vs. State of U.P. and others, 2016 (7) ADJ 151 .

For a period of one month from today or till her surrender whichever is earlier, no coercive action shall be taken against the applicant.

However, in case, the applicant do not appear before the Court below within the aforesaid period, appropriate action shall be taken against her, in accordance with law.

Order Date :- 18.1.2020 I.A.Siddiqui