Quashed

Pratima Devi v. State of Up

Allahabad HC17 Jan 2020A482/616/2020

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What is this about?

Single judge disposed of Section 482 Cr.P.C. application for quashing N.B.W. and bail. Application dismissed. High Court directed trial court to consider bail application on same day if applicant surrenders within ten days and stayed coercive action pending surrender.

What did the court decide?

Direction to trial court to consider bail application on same day if applicant surrenders within ten days; stay on coercive action.

Pratima Devi Vs State of Up — Bail and Remand | Allahabad HC (2020)

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 616 of 2020

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Applicant :- Pratima Devi Opposite Party :- State of U.P. Counsel for Applicant :- Kailash Choudhary Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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

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The present application under Section 482 Cr.P.C. has been filed by applicant for quashing the NBW dated 30.10.2019 in Case No.602 of 2011, State versus Pratima Devi and others, (Case Crime No.1174 of 2010), under Sections 143, 419, 420, 406 and 506 IPC, Police Station Rajghat, District Gorakhpur pending in the Court of Civil Judge (S.D.) / FTC, Gorakhpur.

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Learned Counsel for the applicant submits that applicant is innocent. She committed no offence and she has been falsely implicated in the present case. N.B.W. has been issued against her. Lastly he submits 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 on the same day, in accordance with law.

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On the other hand, learned AGA refuted the submissions made by learned Counsel for applicant and he has no objection to the aforesaid request regarding the direction of bail.

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Considering over all circumstances of the case and rival submissions made by learned Counsel for the parties, it cannot be said that no prima-facie case is made out. Submissions made at bar relate to disputed questions of fact, it cannot be considered by the court at this stage under Section 482 Cr.P.C.

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Present application is dispose of with a direction to the Court below that if applicant surrenders and moves application within a period of ten days from today. Trial Court shall consider her application preferably on the same day, if possible, 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 .

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For a period of ten days from today or till her surrender

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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.

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Order Date :- 17.1.2020 I.A.Siddiqui

Pratima Devi v. State of Up

Case brief

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Pratima Devi v. State of Up

Case brief

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