Abu Salman vs State Of U.P.& Another.
2013 Latest Caselaw 2003 ALL

Citation : 2013 Latest Caselaw 2003 ALL
Judgement Date : 13 May, 2013

Allahabad High Court

Abu Salman vs State Of U.P.& Another. on 13 May, 2013

Bench: Ravindra Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 2226 of 2004
 

 
Petitioner :- Abu Salman
 
Respondent :- State Of U.P.& Another.
 
Petitioner Counsel :- Abdul Rafey Siddiqui
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant and learned A.G.A.

This application has been filed with a prayer to quash the order dated 27.8.2004 passed by learned A.C.J.M.-I, Faizabad in complaint case No. 244 of 2003 whereby the learned Magistrate concerned has rejected the final report and summoned the applicant under section 379 IPC.

It is submitted by learned counsel for the applicant that in the present case final reported has been submitted by the I.O. in case crime No. C-12 of 2000, P.S. Cantt, District Faizabad. Against the final report the protest petition has been filed, the same has been treated as a complaint, thereafter the statement under sections 200 and 202 Cr.P.C. has been recorded. After considering the same, the learned Magistrate concerned has come to the conclusion that prima facie offence under section 379 IPC is made out, summoned the applicant and rejected the final report, whereas to theft has not been committed by the applicant. The stolen property in dispute was belonging to the applicant.

Considering the same and not having the compete material, therefore, without expressing any opinion on the merits of the case, it is directed that in case the applicant moves discharge application through his counsel within 30 days from today before the court concerned, the same shall be heard and disposed of in accordance with law. Till the disposal of discharge application, no coercive steps shall be taken against the applicant. In case the discharge application is rejected and applicant appears before the court concerned within 15 days, thereafter 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 the Hon'ble Apex Court in Lal Kamlendra Pratap Singh Versus State of U.P reported in 2009(4) S.C.C. 437.

The interim order dated 29.10.2004 is hereby vacated.

Accordingly this application is disposed of.

Order Date :- 13.5.2013

RPD