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Supreme Court of India · body

2005 DIGILAW 1119 (SC)

SHEELA RANI v. State Of U. P.

2005-07-18

ARUN KUMAR, D.M.DHARMADHIKARI

body2005
ORDER 1. LEAVE GRANTED. 2. HEARD LEARNED COUNSEL FOR THE PARTIES. 3. IN A PETITION UNDER SECTION 482 CRPC FILED BY THE RESPONDENT-ACCUSED FOR THE OFFENCE ALLEGED UNDER SECTIONS 376 AND 506 IPC, THE LEARNED SINGLE JUDGE OF THE HIGH COURT REFUSED TO QUASH THE FIR AND DIRECTED THAT TILL THE OBJECTIONS OF THE ACCUSED ARE DECIDED, THE COERCIVE PROCESS ISSUED AGAINST THE APPLICANT SHALL REMAIN STAYED. SUCH AN ORDER IN FAVOUR OF THE ACCUSED COULD NOT HAVE BEEN MADE UNDER ANY PROVISION OF THE CODE OF CRIMINAL PROCEDURE. THE IMPUGNED OPERATIVE PART OF THE DIRECTION OF THE HIGH COURT HAS TO BE C QUASHED AND IT IS QUASHED ACCORDINGLY. 4. LEARNED COUNSEL FOR THE RESPONDENT-ACCUSED STATES THAT THE RESPONDENT WOULD SURRENDER BEFORE THE TRIAL COURT AND APPLY FOR REGULAR BAIL. IF SUCH AN APPLICATION FOR BAIL IS FILED, IT SHALL BE DECIDED IN ACCORDANCE WITH LAW BY THE TRIAL COURT. 5. THE APPEAL IS ALLOWED ACCORDINGLY.