Ram Adhar And Others vs State Of U.P. And Another
2011 Latest Caselaw 5218 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 4398 of 2009
 

 
Petitioner :- Ram Adhar And Others
 
Respondent :- State Of U.P. And Another
 
Petitioner Counsel :- Pankaj Mishra
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicants, learned A.G.A. and Sri R.K. Saini, learned counsel for O.P. No. 2.

This application has been filed with a prayer to quash the order dated 17.12.2009 passed by learned III Addl. Civil Judge (J.D.)/ Judicial Magistrate, Gonda in complaint case No.  437 of 2009 whereby the learned Magistrate has taken the cognizance and summoned the applicant to face the trial for the offence punishable under sections 504, 506, 419, 420, 467 IPC.

From the perusal of the record it appears that on the basis of allegation  made in the complaint and statement recorded under section 200 and 202 Cr.P.C.  prima facie disclosing the commission of the offence. There is no illegality in the order dated 17.12.2007, therefore, the prayer for quashing the same is refused. However, considering the facts, it is directed that in case the applicant appears before the court concerned within 30 days from today and applies for bail, the same shall be heard and disposed of 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.

With this direction, this application is finally disposed of.

Order Date :- 18.10.2011

RPD