HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 15 Case :- U/S 482/378/407 No. - 3050 of 2015 Applicant :- Lachhi Ram Opposite Party :- The State Of U.P And Anr. Counsel for Applicant :- Ravindra Kumar Dwivedi Counsel for Opposite Party :- Govt. Advocate Hon'ble Akhtar Husain Khan,J.
Heard learned counsel for petitioner as well as learned A.G.A for the State and perused the record.
Present petition has been moved by petitioner Lachhi Ram, under Section 482 Cr.P.C. with prayer to quash the impugned order dated 17.6.2015 passed by Additional Session Judge, Court No.;3, Sultanpur in Misc. Case No. 176 of 2014 (Lachhi Ram vs. State of U.P. & ors) along with summoning order dated 12.5.1998 passed by Judicial Magistrate, Sultanpur in Complaint Case No. 7594 of 2009 (Shamsher Bahadur Singh vs. Jagiram & ors) under sections 504, 392 IPC., P.S. Akhand Nagar,, District Sultanpur.
Petitioner is an accused named in the complaint and version of complaint has been supported by opposite party no. 2 in his statement recorded under section 200 Cr.P.C. Witnesses Mitrasen Singh and Jai Prakash have also supported the version of complaint in their statements recorded under section 202 Cr.P.C..
I find no illegality or irregularity in the impugned summoning order dated 12.5.1998 passed by Magistrate at this stage. Moreover, the Magistrate is competent to discharge the accused petitioner under section 245 Cr.P.C. if he so deems fit.
In view of the above, I find no justification for any interference under section 482 Cr.P.C. at this stage.
Petition filed under section 482 Cr.P.C. stands dismissed.
At this juncture, learned counsel for petitioners prayed for a direction under Section 483 Cr.P.C. for expeditious disposal of bail application.
Learned A.G.A. has no objection to this prayer.
A direction for expeditious disposal of bail application appears to be just. Petition is hereby finally disposed of with direction to Magistrate/Trial court concerned to make expeditious disposal of bail application moved by petitioners in the light of principle laid down by the seven Judges Bench of this court in the case of Amrawati & Anr Vs. State of U.P. reported in [2004 (57) ALR 290] as affirmed by Hon'ble the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)] subject to condition that petitioners shall appear before Magistrate/Trial Court concerned within one month from today and shall move bail application in accordance with law.
In the meantime, no coercive steps shall be taken against petitioners.
Time specified above shall not be extended further.
Order Date :- 30.6.2015 Ps