Rita Upadhyay and Another Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Neutral Citation No. - 2024:AHC-LKO:3119

Court No. - 28

Case :- APPLICATION U/S 482 No. - 217 of 2024

Applicant :- Rita Upadhyay And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Vivek Joshi,Ravindra Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,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 application has been filed for quashing the entire criminal proceeding of S.T. No. 2870 of 2023 ( State vs. Pramod Kumar Upadhyay and another ), arising out of case crime No. 18 of 2023, u/s 406, 504, 506 IPC and Section 3(1) (d)(dh) SC/ST Act, P.S. Para, District Lucknow, including the charge sheet dated 14.4.2023 as well as summoning order dated 24.8.2023.

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At the very outset, learned counsel for the applicants submits that he does not want to press the prayer for quashing the impugned proceeding and the applicants want to surrender and apply for bail if suitable direction is issued for expeditious disposal of their bail application.

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Considering the aforesaid submission, the present application is disposed of with a direction that if the applicants surrender and move application for bail before the court below within a period of 15 days from today, then their bail application shall be considered in view of the law laid down in Satendra Kumar Antil vs. Central Bureau of Investigation and Another, (2021) 10 SCC 773 .

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For a period of three weeks or till disposal of the bail application, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.

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Order Date :- 11.1.2024 Vandana

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Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Rita Upadhyay and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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Rita Upadhyay and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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