Smt. Sunita Gautam v. State of U.P. and Another

Court No. - 90 Case :- APPLICATION U/S 482 No. - 42726 of 2023 Applicant :- Smt. Sunita Gautam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Roopesh Srivastava,Om Prakash Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.

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

¶2The present applicant has invoked the inherent power of this Court under Section 482 CrPC beseeching the quashing of charge sheet dated 21.08.2022 along with cognizance order dated

07.08.2023 and entire proceedings of Case No.504 of 2023 (State vs. Yashpal and others), arising out of Case Crime No.163 of 2022, under Sections 420, 465, 511 I.P.C., Police Station Machhlishahar, District Jaunpur, pending in the court of Additional Civil Judge (S.D.)1st/ Additional Chief Judicial Magistrate, Jaunpur.

¶3After due deliberation at length, without pressing on merit of the case, learned counsel for the applicant has urged that protection may be granted to the present applicant for some period, so that, present applicant, who is a lady, may appear before the court concerned and participate in the curt proceedings.

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

¶5In the interest of justice, for a period of five weeks or till the decision of the bail application, whichever is earlier, no coercive action shall be taken against the present applicant in Case No.504 of 2023 (State vs. Yashpal and others), arising out of Case Crime No.163 of 2022, under Sections 420, 465, 511 I.P.C., Police Station Machhlishahar, District Jaunpur. Order Date :- 13.12.2023/Jitendra High Court of Judicature at Allahabad