Sarita Devi v. State of U.P. and Another

Court No. - 90 Case :- APPLICATION U/S 482 No. - 37480 of 2023 Applicant :- Sarita Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Saxena Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2The present applicant has invoked the inherent power of this Court under Section 482 Cr.P.C. assailing the order dated

15.09.2023, passed by learned Additional Chief Judicial Miagistrate-Ist, Etawah in respect of the present Applicant as well as entire proceeding of Criminal Case No.16103 of 2022 (State Vs. Akhilesh Kumar and another) arising out of the Case Crime No. 429 of 2021, under Sections 420, 506 IPC, Police Station Bhartha, District Etawah pending before Additional Chief Judicial Magistrate-I, Etawah.

¶3After due deliberation at length, without pressing the merits of the case, learned counsel for the applicant has urged that due to lack of knowledge with respect to the criminal proceedings going on he could not appear before the court below, therefore, some protection may be given to the present applicant so that she may appear before the court below and participate in the proceedings. It is further submitted that it has never been intention of the present applicant to avoid the court proceedings and protract the litigation.

¶4In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to decide the instant matter finally without entering into the merits of the case with a direction that the present applicant in case appears/surrenders and moves bail application within a period of two weeks from today before the court concerned, same shall be considered and decided within a period of two weeks, thereafter.

¶5For a period of four weeks or till the decision on the bail application, whichever is earlier, no coercive action shall be taken against the present applicant in the criminal proceedings arising out of case Crime No.429 of 2021.

¶6With the aforesaid direction, present application is disposed of. Order Date :- 3.11.2023/vkg High Court of Judicature at Allahabad