Disposed

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

Allahabad HC18 Jan 2024A482/424/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC sought quashing of a summoning order in a cheating/forgery complaint case. The applicant did not press the quashing prayer and sought expeditious bail consideration on surrender. The court disposed of the application directing bail be considered per Satendra Kumar Antil, with interim protection from coercive action for three weeks.

What did the court decide?

Applicant permitted to surrender and apply for bail within two weeks; bail application to be considered per Satendra Kumar Antil; no coercive action for three weeks or till bail disposal.

Smt. Sonali Alias Goda vs State of U.P. Thru. Prin. Secy… — Quashing and FIR | 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

Case brief

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