Anil Kumar Singh And Ors. vs The State Of U.P And Anr.
2012 Latest Caselaw 2204 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 1826 of 2012
 

 
Petitioner :- Anil Kumar Singh And Ors.
 
Respondent :- The State Of U.P And Anr.
 
Petitioner Counsel :- Nisar Ahmad,K.K Singh
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

Learned counsel for the petitioners contends that complaint (Annexure 4) was filed on 20.7.2009 in the Court of Chief Judicial Magistrate, Lakhimpur Kheri.  In the complaint, respondents/accused nos.1-3 are residents of Lucknow and, therefore, enquiry under sub-Section 1 of Section 202, Cr.P.C. was required to be made, which has not been done.  Under the circumstances, the order of summoning is rendered without jurisdiction. 

It has been pointed out that the petitioners-accused have not caused any delay in so much as there is nothing on record to show that process was filed by the complainant or any serious effort was made to serve the petitioners.  Immediately on coming to know of the order of summoning, the present petition has been filed.

Issue notice to respondent no.2 through Chief Judicial Magistrate, Lakhimpur Kheri.

Further proceedings as a consequence of order (Annexure-1) shall remain stayed till the next date of listing.

List in August, 2012.

Order Date :- 25.5.2012

A.Nigam