Atiq Ahamad And Ors. vs The State Of U.P Thru Principal ...
2012 Latest Caselaw 2365 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 1868 of 2012
 

 
Petitioner :- Atiq Ahamad And Ors.
 
Respondent :- The State Of U.P Thru Principal Secy., Home. And Anr.
 
Petitioner Counsel :- Narendra Gupta
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

By way of this petition, order of summoning dated 07.10.2010 (Annexure2) and order passed by the revisional court dated 10.5.2012 (Annexure 1) have been challenged.

Learned counsel for the petitioners contends that the impugned proceedings have been initiated in counter-blast to the case lodged at the instance of the petitioner no.1 and, therefore, the proceedings should be quahsed.  It has also been argued that the petitioners preferred a revision petition, however, the said aspect has not even been considered.

I have considered contention of the learned counsel.

A perusal of order passed by the revisional court (Annexure1) indicates that the contention of the learned counsel for the petitioners in regard to the plea that the impugned proceedings were initiated in counter-blast, has been considered.

This petition under Section 482 Cr.P.C. has been filed and argued on the same premise, as the revision petititon was filed and argued, which is not permissible in law.

The petition is bereft of merits and is dismissed.

However, considering that the proceedings arise on account of matrimonial dispute, it is provided that the petitioners may put in appearance before the trial court and apply for bail within fifteen days from today. 

In case, the petitioners move such an application for bail, the same shall be disposed of within five working days in accordance with law.

No coercive measures would be adopted against the petitioners for the said period of fifteen days.

Order Date :- 30.5.2012

A.Nigam