Dr. Smt. Kanta Srivastava v. State of U.P. Through Its Secretary(Home) and Another

Court No. - 93 Case :- APPLICATION U/S 482 No. - 39760 of 2023 Applicant :- Dr. Smt. Kanta Srivastava Opposite Party :- State Of U.P. Through Its Secretary(Home) And Another Counsel for Applicant :- Mukesh Kumar Kushwaha,Mahima Maurya Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Mrs Mahima Maurya Kushwaha, learned counsel for the applicant and Sri Padmakar Rai, learned AGA for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the chargesheet dated 03.03.2002 and summoning order dated 23.08.2002 in Case Crime No.06 of 2001, under Section-306 IPC, Police Station-G.R.P., Badaun, District-Kasganj as well as to quash the non bailable warrant dated

18.09.2019 issued by the trial court and order dated 20.03.2023 for issuance of proceeding u/s-82 and 83 Cr.P.C..

¶3At the very outset, learned counsel for the applicant submits that she does not want to press the prayer for quashing the impugned chargesheet and want to surrender before the court below if some protection is granted to her considering her old age and gender.

¶4In view of the above and considering the fact that applicant is an old lady of 71 years, it is provided that if the applicant surrender and moves an application for bail before the court below within a period of three weeks from today, then her application shall be considered in view of the law laid down in Satendra Kumar Antil vs. Central Bureau of Investigation and Another, (2021) 10 SCC 773.

¶5For a period of four weeks or till disposal of the bail application, whichever is earlier, no coercive action shall be taken against the applicant.

¶6With the aforesaid observations, present application is disposed of. Order Date :- 30.10.2023 S.Chaurasia High Court of Judicature at Allahabad