Himanshu Mourya vs The State Of U.P And Anr.
2012 Latest Caselaw 1848 ALL

Citation : 2012 Latest Caselaw 1848 ALL
Judgement Date : 17 May, 2012

Allahabad High Court

Himanshu Mourya vs The State Of U.P And Anr. on 17 May, 2012

Bench: Vishnu Chandra Gupta




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- U/S 482/378/407 No. - 1597 of 2012
 

 
Petitioner :- Himanshu Mourya
 
Respondent :- The State Of U.P And Anr.
 
Petitioner Counsel :- Ajay Kumar
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vishnu Chandra Gupta,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

This Crl. Misc. application under Section 482 Cr.P.C. has been filed for quashing of the entire proceedings of criminal case no. 2157 of 2009, arising out of case crime No. 532 of 2007, under sections 147, 148, 307, 332, 353, 336, 427, 504, 506 I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Thakurganj, District Lucknow and impugned charge-sheet no. 427 of 2008 dated 16.12.2008 as well as summoning order dated 31.7.2009 and bailable warrant dated 28.11.2011 passed by the learned Special Additional Chief Judicial Magistrate (C.B.I.) (Ayodhya Prakaran), Lucknow.

Learned counsel for the applicant submits that in the same case crime number petition has already been disposed off, vide order dated 1.12.2011 passed in Criminal Misc. Case (482/378/407) No.- 5310 of 2011 by the following order :

"Since prima facie, commission of offence is disclosed, hence, I am not inclined to grant the aforesaid relief. Correctness of the allegation has to be examined by the trial court on the basis of evidence produced by the parties.

However, in view of the aforesaid facts, if the applicants appear before the courts below within three weeks from today and apply for bail, it is expected that the same will be considered and disposed off expeditiously, if possible on the same day in view of guide lines by Full Bench decision of High Court in case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR-390 and by the Apex Court in Lal Kamlendra Pratap Singh V. State of U.P. reported in 2009 (4) SCC 437.

With these observations, applicantion filed under Section 482 Cr.P.C. is disposed off finally."

This petition is also decided finally in the same terms as decided in aforementioned order.

Order Date :- 17.5.2012

S. Kumar