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2015 DIGILAW 17 (ALL)

Lotan Yadav v. State of U. P

2015-01-07

VISHNU CHANDRA GUPTA

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JUDGMENT Vishnu Chandra Gupta, J. Heard learned counsel for the petitioner and the learned A.G.A. for the State. 2. By means of this petition under Section 482 Cr.P.C., the petitioner has prayed for quashing the entire proceedings of Criminal Case No. 3307241 of 2011 (State Vs. Surendra Yadav and others) arising out of Case Crime No. 146 of 2011, under Sections 420, 467, 468, 471, 120B I.P.C., Police Station Aminabad, District- Lucknow pending in the Court of learned Judicial Magistrate-III, Lucknow, impugned charge sheet no. 146 of 2011 dated 12.08.2011 as well as impugned summoning order dated 27.08.2011 passed by the learned Chief Judicial Magistrate, Lucknow and Non-bailable Warrant dated 28.05.2014 issued by the learned Judicial Magistrate-III, Lucknow. 3. From the perusal of material on record, it could not be said that no case is made out against the petitioner. Therefore, at this stage no interference is called for by this Court. The petition lacks merit. However, if the petitioner surrenders before the court below within three weeks from today and move bail application, the same shall be considered and disposed of expeditiously in accordance with law and also keeping in view the directions contained in the judgment delivered by the Apex Court reported in 2009 (3) ADJ 322 (SC) (Lal Kamlendra Pratap Singh Vs. State of U.P.). For three weeks or till the date of surrender, whichever is earlier, no coercive steps shall be taken against the petitioner. With this observation, the petition is finally disposed of.