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Allahabad High Court · body

2015 DIGILAW 1731 (ALL)

Kapil Kumar Chaudhary v. State of U. P. Thru S. S. P.

2015-07-03

RAGHVENDRA KUMAR, SURENDRA VIKRAM SINGH RATHORE

body2015
JUDGMENT Heard learned counsel for the petitioner, learned A.G.A. for the State and material available on record. 2. The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing of F.I.R. relating to Case Crime No. 222 of 2015, under Sections 498-A & 323 I.P.C., and Section 3/4 of the Dowry Prohibition Act, Police Station Mahila Thana, District Ghaziabad. 3. We have carefully examined the submissions advanced by the learned counsel for the petitioner and gone through the record. 4. After arguing at some length, learned counsel for the petitioner submits that the petitioner does not want to press the instant petition on merits and he confines his prayer only to the extent that necessary direction may be issued to the courts below for expeditious disposal of application for bail. 5. Learned A.G.A. has no objection to this innocuous prayer. The prayer being innocuous in nature is accepted. Hence, this petition is hereby finally disposed of with the direction to the courts below that if the petitioner surrenders before the courts below within four weeks from today and applies for bail, his prayer for bail shall be considered and decided by the courts below in view of the settled law laid down by the Full Bench of this Court in the case of Amrawati & Anr Vs. State of U.P. reported in [2004 (57) ALR 290] as affirmed by Hon'ble the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)]. Till the period of four weeks, no coercive measure shall be taken against the petitioner. 6. During this period of four weeks, the petitioner shall fully cooperate with the investigation and shall not make any attempt or effort to contact or influence the complainant or the witnesses of the case. 7. We hereby clarify that the aforesaid period of four weeks shall not be extended and this order shall not be treated as an implied direction of this Court to grant interim or regular bail. Such prayer shall be considered by the courts concerned in accordance with law.