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Allahabad High Court · body

2015 DIGILAW 4008 (ALL)

Rajeshwari Sharma v. State of U. P.

2015-12-16

ASHOK PAL SINGH

body2015
JUDGMENT Ashok Pal Singh, J. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the material available on record. 2. By means of this petition under Section 482 Cr.P.C., the petitioners have prayed for quashing summoning order dated 09.02.2015 passed by Additional Chief Judicial Magistrate-VIII, Room No.32, Lucknow in case crime No.23 of 2014 under Sections 504/ 420 of the Indian Penal Code, Police Station Bazar Khala, District Lucknow as well as charge-sheet dated 12.10.2014 submitted in the above-noted case crime number. 3. After making some arguments, learned counsel for the petitioners has confined his prayer only to the extent that the petitioners may be given some time to surrender before the court below and direction be issued to court below for expeditious disposal of their bail application. 4. In view of the above, reliefs claimed by the petitioners in this petition, are hereby declined. 5. However, it is provided that if the petitioners surrender before the court below within a period of four weeks from today and apply for bail, their bail application shall be considered and decided by the court below expeditiously, in accordance with law and also keeping in view the law laid down by Full Bench of this Court in the case of Amrawati & Another Vs. State of U.P. reported in 2004 (57) ALR 290, as affirmed by the Hon'ble Apex Court in the case of Lal Kamlendera Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC). 6. For the aforesaid period of four weeks or till the date of surrender of the petitioners, whichever is earlier, no coercive measures shall be taken against them. 7. With the aforesaid direction, the petition under Section 482 Cr.P.C. is finally disposed of.