Narendra Pratap Singh vs The State Of U.P And Anr.
2011 Latest Caselaw 2339 ALL

Citation : 2011 Latest Caselaw 2339 ALL
Judgement Date : 22 June, 2011

Allahabad High Court

Narendra Pratap Singh vs The State Of U.P And Anr. on 22 June, 2011

Bench: Vedpal




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 5
 

 
Case :- U/S 482/378/407 No. - 2927 of 2011
 

 
Petitioner :- Narendra Pratap Singh
 
Respondent :- The State Of U.P And Anr.
 
Petitioner Counsel :- Vijay Prakash Lall
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vedpal,J.

This petition under Section 482 Cr.P.C. has been filed by the petitioner for quashing the Proceedings of Complaint Case No.6107 of 2007 : Satya Narain Kureel Vs. Yogendra Pratap Singh and others pending in the court of Addl. Chief Judicial Magistrate -V, Lucknow including the summoning order dated 27.10.2006, 27.2.2008 and 4.9.2009.

Heard the learned counsel for the parties and perused the record of the case.

It reveals from the perusal of the record that petitioner alongwith two others was summoned by the magistrate. Statement of complainant under Section 200 of the Cr.P.C. and statement of witnesses under Section 202 of the Cr.P.C. were recorded by the learned Court below and finding prima facie case to have been made out against petitioner, he was summoned to face trial for the offences under Sections 504 and 506 I.P.C.. It is settled law that inherent power to quash the proceedings, should not be exercised to stifle the legitimate prosecution. It would be erroneous to assess the reliability of the witnesses at this stage. There is nothing on record to show that proceedings is malafide, frivolous or vexatious. In these circumstances, there appears no sufficient ground to interfere in the matter and the progress of the trial, before the court below.

In the end, learned counsel for the petitioner confines his prayer for expeditious disposal of the bail application in case the applicant surrenders before the court below. No doubt it is the right of everyone that his bail application be disposed of expeditiously.

It is therefore, provided that if the petitioner surrenders before the court below within fifteen days and moves application for her bail, the same shall be considered and disposed of by the courts below, expeditiously in the light of the law laid down by Full Bench of this Court in case of Smt. Amrawati and another Vs. State of U.P. reported in 2005 CBC page 705.

With the aforesaid direction/observation, this petition is disposed of finally.

Order Date :- 22.6.2011

rk/-