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2015 DIGILAW 788 (ALL)

Dildar Husain v. State of U. P

2015-04-13

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 of Cr.P.C., petitioner Dildar Husain has prayed for quashing the further proceedings of Case No.4922 of 2013 (State Vs. Dildar Husain) arisingout of Case Crime No.153 of 2013, under Sections 323, 504 IPC and Section 3(1)(X) SC/ST Act, Police Station Kotwali Nagar, District Raebareli and the summoning order dated 19.08.2013 passed by learned Chief Judicial Magistrate, Raebareli. 3. It has been contended by learned counsel for the petitioner that the petitioner has not been arrested. Neither he has surrendered before the court below nor got him bailed out. 4. 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. 5. 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). 6. 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.