ALLAHABAD HIGH COURT
MAMTA VIKASH – Appellant
Versus
State – Respondent
A482/36689/2022
Court No. - 72
Case :- APPLICATION U/S 482 No. - 36689 of 2022
Applicant :- Mamta Vikash
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Vipin Kumar Singh,Sushant Prakash Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma,J.
Heard learned counsel for the applicant, learned AGA for the
State and perused the material on record.
This application under Section 482 Cr.P.C. has been filed to
quash the impugned charge sheet dated 20.10.2020 and
cognizance order dated 18.12.2021 in Case NO.123529 of 2021
(State Vs. Achal Devi and others) arising out of Case Crime
No.007 of 2019, under Sections 406, 420 IPC, Police Station
Kotwali, District Kanpur Nagar pending before the Chief
Metropolitan Magistrate, Kanpur Nagar.
At the very outset, learned counsel for the applicant has
submitted that he relinquishes the prayer for quashment and
wishes to move bail application before the trial court in view of
the guidelines/observations given by Hon'ble Apex Court in
Satendra Kumar Antil Vs. Central Bureau of Investigation
and another, (2021) 10 SCC 773.
Learned AGA has no objection to the prayer so made.
Considering the above submissions and taking into
consideration the facts and circumstances of the case, it is
provided that in case the applicant appears before the court
concerned within four weeks from today and moves application
for bail, the same shall be considered and disposed of in terms
of the guidelines/observations given by Hon'ble Apex Court in
Satendra Kumar Antil (supra).
For a period of 30 days from today, no coercive action shall be
taken against the applicant.
It is made clear that in the event no such application is moved
within the time prescribed above, this order will be of no avail
to the applicant.
With the above direction, the instant application under Section
482 Cr.P.C. is finally disposed of.
Order Date :- 18.1.2023
Shahroz
Digitally signed by :-
SHAHROJ ALAM
High Court of Judicature at Allahabad
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