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2015 DIGILAW 39 (ALL)

Durgesh Kumar Shukla v. State of U. P Thru Secy. , Home Lucknow

2015-01-09

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 further proceedings of Criminal Case No.2120 of 2013 (State Vs. Durgesh Kumar Shukla) arsing out of Case Crime No.332 of 2012, under Sections 498-A, 323 IPC and Section 3/4 of D.P. Act, Police Station Krishna Nagar, District Lucknow pending in the court of learned Additional Chief Judicial Magistrate Vth, Room No.26, 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. 4. However, if the petitioner surrenders before the court below within three weeks from today and moves 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 in the case of Lal Kamlendra Pratap Singh Vs. State of U.P.; 2009 (3) ADJ 322 (SC). 5. 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.