Disposed

Triveni Prasad and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC25 Jan 2024/689/2024

Case brief

AI extract

What is this about?

This applicant petition challenged a chargesheet under IPC sections 498-A and 354. The High Court dispensed with notice to one respondent and granted liberty to the applicants to surrender for bail and file a discharge application, directing the trial court to dispose of these applications expeditiously in accordance with the Satender Kumar Antil precedent.

What did the court decide?

Liberty granted to appear/surrender for bail within four weeks; liberty granted to file discharge application with directive for expedited disposition by trial court.

Triveni Prasad and Another Vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:7612

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 689 of 2024

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Applicant :- Triveni Prasad And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Lalu Prasad Bhatt Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Shri Lalu Prasad Bhatt, learned counsel for the petitioners and Shri Ram Raj Singh, learned A.G.A. for the State-respondent no.1.

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In view of the proposed order, notice to opposite party no.2 is dispensed with.

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By means of this petition filed under Section 482 Cr.P.C., the petitioners have prayed the following main reliefs:-

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"For the facts, reason and circumstances stated in accompanying petition it is most respectfully prayed before this Hon'ble Court may kindly be pleased to quash the police report (chargesheet) dated 08.12.2022 in Case Crime No.406/2022, filed Under Section 498-A, 323, 354, 511 I.P.C. against Petitioner No. 1 and Under Section 323, 504 I.P.C. against Petitioner No. 2, Police Station Katra Bazar, District Gonda and the Summoning Order dated 25.07.2023 passed by the learned Judicial Magistrate II, Gonda and further proceedings of the Case No.15055/2023 In Re: 'State Versus Triveni Prasad and another' in the ends of justice."

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After arguing at some length, learned counsel for the petitioners has prayed that petitioners may be given liberty to appear/surrender before the learned trial Court and direction may be issued to the Court below for disposal of bail application of the petitioners, expeditiously, in the light of dictum of the Apex Court in re; Satender Kumar Antil Vs. Central Bureau of Investigation & Anr., Petition(s) for Special Leave to Appeal (Crl.) No(s). 5191/2021 . Learned counsel for the petitioners has further submitted that this is a case of false implication inasmuch as the petitioner no.1 is the father-in-law of the victim and he has not committed any offence of any kind whatsoever, but false allegation of Section 354 I.P.C. has been levelled against him, so the petitioners may

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be given liberty to file discharge application before the trial Court and the same may be decided strictly in accordance with law.

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Learned A.G.A. has no objection to the aforesaid prayer.

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Having considered the arguments of learned counsel for the petitioners, liberty is granted to the petitioners to appear/ surrender before the learned trial Court, within a period of four weeks from today and move an application for bail and the same shall be considered and disposed of by the Court below expeditiously preferably on the same date in the light of the dictum of Hon'ble Apex Court in re; Satender Kumar Antil (supra).

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Further liberty is granted to the petitioners to file their discharge application before the learned trial Court taking all pleas and grounds which are available to them and if such discharge application is filed by the petitioners before the learned Court below, the same shall be considered and decided finally, strictly in accordance with law, expeditiously, by affording an opportunity of hearing to the concerning parties by a speaking and reasoned order, so that it could be understood that the learned trial Court has applied its judicial mind.

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Accordingly, the instant petition is disposed of finally.

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(Rajesh Singh Chauhan, J.)

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Order Date :- 25.1.2024 Arnima

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Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Triveni Prasad and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Triveni Prasad and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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