Disposed

Smt. Sonali Alias Goda v. State of U.P. Thru. Prin. Secy. Civil Secrt. Home Deptt. Lko. and Another

Allahabad HC18 Jan 2024/424/2024

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AI extract

What is this about?

The High Court disposed of a Section 482 application seeking quashing of a summons. Instead of quashing, the court directed the applicant to surrender and move for bail within two weeks, promising non-coercive action for three weeks while counting the limitation for that court's consideration.

What did the court decide?

Direction to applicant to surrender and seek bail in two weeks; assurance of no coercive action for three weeks.

Smt. Sonali Alias Goda Vs State of U.P. Thru. Prin. Secy… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:5019

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Court No. - 35

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Case :- APPLICATION U/S 482 No. - 424 of 2024

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Applicant :- Smt. Sonali Alias Goda

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Civil Secrt. Home Deptt. Lko. And Another Counsel for Applicant :- Chandra Prakash,Ashok Kumar 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 applicant and learned A.G.A. for the State.

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The present application has been filed to quash the summoning order dated 27.01.2016 passed in Complaint Case No.2714 of 2021, Mewalal Vs Smt. Sonali Alias Goda, u/s-419, 420, 468 IPC, Police Station- Kotwali Sadar, District-Lakhimpur Kheri, pending in the court of learned Additional Chief Judicial Magistrate, IVth, Lakhimpur Kheri.

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At the very outset, learned counsel for the applicant submits that the applicant does not want to press the prayer for quashing the impugned proceeding and want to surrender before the court below and apply for bail. He further submits that this court may be pleased to direct the court concerned to consider the bail application of the applicant, expeditiously, within stipulated period of time as may be fixed by this court.

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Considering the aforesaid submission, it is provided that if the applicant surrenders and moves an application for bail before the court below within a period of two weeks from today, then his application shall be considered in view of the law laid down by the Apex Court 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 applicant.

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With the aforesaid observations, present application is disposed of .

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Order Date :- 18.1.2024 S.Chaurasia

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Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad, Lucknow Bench

Smt. Sonali Alias Goda v. State of U.P. Thru. Prin. Secy. Civil Secrt. Home Deptt. Lko. and Another

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Smt. Sonali Alias Goda v. State of U.P. Thru. Prin. Secy. Civil Secrt. Home Deptt. Lko. and Another

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