IN THE SUPREME COURT OF INDIA

CRIMINAL  APPELLATE JURISDICTION

CRIMINAL  APPEAL NO.1381   OF 2008           [Arising out of SLP(Crl.)No.6824 of 2007]

GURMEJ KAUR                                          Appellant(s)

                     VERSUS

STATE OF PUNJAB                                     Respondent(s)

O R D E R   

Leave granted.

Notice in this matter had been issued on a limited point as to whether  

the  petition  filed  by  the  appellant  before  the  High  Court  for  similar  relief  under  

Section 438 Cr.P.C. had been withdrawn without her instructions.

Despite  service  of  notice,  no  one  appears  to  oppose  the  appeal.  

However, since a statement has been recorded by the High Court to the effect that the  

learned  counsel  for  the  appellant  had  prayed  for  dismissal  of  the  application  for  

anticipatory bail, as withdrawn, the appeal is disposed of with liberty to the appellant  

to file an appropriate application before the High Court questioning the instructions  

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alleged to have been given by her to her learned counsel.  In case, the High Court is

satisfied that no such instruction had been given, the appellant's  application under  

Section 438 Cr.P.C. may be revived and be disposed of afresh.

The interim order granted in this matter will continue to be operative  

for  a  period  of  four  weeks  from  date,  to  enable  the  appellant  to  make  such  an  

application before the High Court.

   ....................J.     (ALTAMAS KABIR)

   ....................J.     (MARKANDEY KATJU)

NEW DELHI; September 01,   2008.