Rajendra Prasad Shukla And Others vs State Of U.P. And Another
2011 Latest Caselaw 5159 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 3954 of 2009
 

 
Petitioner :- Rajendra Prasad Shukla And Others
 
Respondent :- State Of U.P. And Another
 
Petitioner Counsel :- Hement Kumar Misra
 
Respondent Counsel :- G.A.
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicants, learned A.G.A.  and learned counsel for the complainant.

This application has been filed with a prayer to quash the proceedings of complaint case No. 1100 of 2005 under sections  498-A, 323, 504, 506 IPC and section  3/4 D.P. Act  pending in the court of learned Judicial Magistrate, Room No. 23  Sultanpur.

From the perusal of the record it appears that after considering the complaint and statement recorded under section 200 and 202 Cr.P.C. which discloses the commission of aforesaid offence, the learned Magistrate concerned has summoned the applicants to face the trial. There is no illegality in the summoning order. The prayer for quashing the same is refused.

However, considering the submissions made by learned counsel for the applicants,  it is directed that in case the applicants appear before the court concerned within 30 days from today and apply for bail, the same shall be heard and disposed of by the courts below in view of Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755. which has been approved by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. and others (2009) 4 SCC 437.

The interim order dated 28.10.2009 is hereby vacated.

With this direction, this application is finally disposed of.

Order Date :- 17.10.2011

RPD