Disposed

Smt. Pushpawati and Another v. State of U.P. Thru. Prin. Secy. Home and Another

Allahabad HC3 Jun 2022/3459/2022

Case brief

AI extract

What is this about?

The High Court noted that the applicant's petition under Section 482 Cr.P.C. sought quashing of a charge sheet and stay of proceedings. The petition was disposed of by leaving further steps for the trial court to consider after commitment, noting the matter was pending at the stage of Section 207/209 Cr.P.C. No substantive ruling on merits is provided in this order. The order is accordingly thin as it contains no reasoning. Quality is recorded as thin due to lack of substantive content.

What the court decided

AI extract

Smt. Pushpawati and Another Vs State of U.P. Thru. Prin. Secy. Home and Another — Allahabad HC (2022) — LawSathi Research

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 3459 of 2022

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Applicant :- Smt. Pushpawati And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Santosh Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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1. Heard Mr.Santosh Srivastava, learned counsel for the petitioners and Mr.Vipul Gupta, learned AGA for the State. For the order proposed to be passed, no notice is required to be served/issued to opposite party No.2.

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2. This petition under Section 482 Cr.P.C. has been filed seeking following reliefs:-

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"Wherefore, it is most respectfully prayed that the Hon'ble Court may kindly be pleased to quash the impugned charge sheet dated 24.2.2019 contained in Annexure-1 and the impugned order dated 25.2.2019 passed by Additional Chief Judicial Magistrate-V, Court No.29, Lucknow taking cognizance of the offence contained in Annexure-2.

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It is further prayed that pending decision of the present petition the further proceedings of Case No.7849 of 2019 arising ouf of Crime No.561 of 2018 under Section 306 IPC, P.S. Jankipuram, District Lucknow pending in the Court of Additional Chief Judicial Magistrate V, Court No.29, Lucknow may kindly be stayed."

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3. As per the counsel for the petitioners, the case has not yet been committed before the trial Court and it is pending before the learned Additional Chief Judicial Magistrate at the stage of Section 207/209 Cr.P.C.

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4. In view thereof, once the case is committed, petitioners may apply

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for discharge within one week before the trial Court, and if such an application is filed, trial Court shall consider the application in accordance with law within a period of one month from the date of filing of the application. Trial Court may not insist upon the appearance of the petitioners till the discharge application is disposed of.

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5. The petition is disposed of .

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( Dinesh Kumar Singh, J. )

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Order Date :- 3.6.2022 prateek

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Digitally signed by PRATEEK ARORA Date: 2022.06.03 18:00:56 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Smt. Pushpawati and Another v. State of U.P. Thru. Prin. Secy. Home and Another

Case brief

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Smt. Pushpawati and Another v. State of U.P. Thru. Prin. Secy. Home and Another

Case brief

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What the court decided

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