Disposed

Smt. Poonam Devi and 5 Others v. State of U.P. and Another

Allahabad HC25 Jul 2024A482/16861/2024

Case brief

AI extract

What is this about?

Applicants sought quashing of a chargesheet and cognizance order in an IPC case. Counsel did not press the prayers, seeking only liberty to apply for regular bail within two weeks. The application was dismissed as not pressed with a direction that any such bail application be decided per law.

What did the court decide?

Dismissed as not pressed; direction that bail application filed within two weeks before trial court be considered in accordance with law.

Smt. Poonam Devi and 5 Others vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:119088

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 16861 of 2024 Applicant :- Smt. Poonam Devi And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avadh Raj Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Avadh Raj Sharma, learned counsel for the applicants, Sri Birendra Pratap Singh, learned counsel for the State and perused the record.

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The present application under Section 482 Cr.P.C. has been filed by the applicants-Smt. Poonam Devi, Smt. Omwati, Khushaboo, Gyani @ Gyanendra Singh, Narendra Singh and Vishanu @ Chandrakant with the prayer to quash the charge sheet dated 19.1.2023 as well as cognizance order dated 25.5.2023 along with further proceeding of Case No.1143 of 2023 (State Vs. Gyani @ Gyanendra and others) arising out of Case Crime No. 0317 of 2022, u/s 147, 323, 504, 325 IPC, P.S. Iglash, district Aligarh pending in the court of Judicial Magistrate, Iglash, District Aligarh with a further prayer that further proceedings of the aforesaid case be stayed against the applicants during the pendency of the present application.

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After arguments on merits at length learned counsel for the applicants states that he does not want to press the prayers made in the present petition. He states that the purpose of the applicants would be served if they are permitted to appear before the trial court within a period of two weeks from today and file a regular bail application.

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Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicants.

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In view of the above, the prayer as prayed for is dismissed as not pressed.

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However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicants, it is directed that if the accused-applicants appear and apply for bail before the court concerned within two weeks from today, the same shall be considered and decided in accordance with law.

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The present application is disposed of.

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(Samit Gopal, J.)

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Order Date :- 25.7.2024/Gaurav Kuls

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Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad

Smt. Poonam Devi and 5 Others v. State of U.P. and Another

Case brief

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Smt. Poonam Devi and 5 Others v. State of U.P. and Another

Case brief

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