Allahabad High Court
Shiv Pujan And Another vs State Of U.P. And Another on 4 July, 2013
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 44
Case :- APPLICATION U/S 482 No. - 21009 of 2013
Applicant :- Shiv Pujan And Another
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Rahul Mishra
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Ramesh Sinha,J.
Heard Sri Rahul Mishra, learned counsel for the applicants and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the impugned summoning order dated 22.5.2013, passed by the Court of Judicial Magistrate, Ist, Allahabad arising out of complaint dated 23.1.2013, under Sections 147,148,149,323,324,394,504 & 506 I.P.C, bearing complaint case No.37 of 2013, Manoj Kumar Vs. Shiv Pujan and others, issued against the applicants and consequently quash the complaint itself and proceedings arising out of it.
After having very carefully examined, the submissions made by the learned counsel for the applicants and perused the material brought on record, I find that so far as applicant no.1, namely, Shiv Pujan is concerned, there is no justification for quashing the prosecution of the aforementioned case.
The prayer to that extent on behalf of applicant no.1 is hereby refused.
However, it is directed that in case the applicant no.1 appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
It is made clear that the applicant no.1 will not be granted any further time by this Court for surrendering before the Court below as directed above.
So far as applicant nos.2, namely, Chandan (Minor) is concerned, it has been contended by learned counsel for the applicants that he is minor boy of applicant No.1 and he has to appear in High School Back Paper Examination which is scheduled to be held in July 2013. The said fact has been stated in paragraph No.4 of the accompanying affidavit.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Issue notice to opposite party no.2 returnable within four weeks at the address given in the application.
Opposite party no.2 may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks.
List immediately after expiry of the aforesaid period before appropriate Bench.
Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against applicant No.2 Chandan (Minor).
Order Date :- 4.7.2013
NS
