Ram Sagar And Others vs State Of U.P. And Another
2011 Latest Caselaw 5206 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 1341 of 2010
 

 
Petitioner :- Ram Sagar And Others
 
Respondent :- State Of U.P. And Another
 
Petitioner Counsel :- Chandra Kishore
 
Respondent Counsel :- Govt. Advocate,Ajay Kumar,H S Tiwari
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicants, learned A.G.A. and learned counsel for O.P. No. 2.

This application has been filed with a prayer to quash the proceedings of complaint case No. 578  of 2009  under sections 498-A, 323, 504, 506 IPC and section 3/4 D.p. Act pending in the court of learned  A.C.J.M. Court No. 15, Rai Bareli.

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 disclosed the offence, the learned Magistrte has taken the cognizance and summoned the applicant to face the trail on 12.1.2010. The learned Magistrate concerned has not committed any error in taking the cognizance  on 12.1.2010, therefore, the prayer for quashing the same is refused.

the impugned order dated 1.4.2010 is hereby vacated.

After perusing the record and considering the nature of the allegations, 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 and for 20 day the N.B.W. issued against the applicants shall be kept in abeyance.

Accordingly this application is finally disposed of.

Order Date :- 18.10.2011

RPD