Smt.Meenakshi @ Meenu Agnihotri vs State Of U.P.
2013 Latest Caselaw 2078 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 3297 of 2008
 

 
Petitioner :- Smt.Meenakshi @ Meenu Agnihotri
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Suresh Chandra Shukla
 
Respondent Counsel :- Govt.Advocate,S.R. Tiwari
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant, learned A.G.A. and Sri S.R. Tiwari, learned counsel for the respondent no. 2.

This application has been filed with a prayer to set aside the order dated 8.5.2008 passed by learned A.C.J.M. Court No. 1, Lucknow i complaint case No. 725 of 2008 whereby the applicant has been summoned to face the trial for the offence punishable under sections 498-A, 323, 504, 506 IPC and section 3/4 D.P. Act.

It is contended by learned counsel for the applicant that in the present case the FIR has also been lodged against the applicant in which after completing the investigation final report  has been submitted, the same is pending before the court concerned for acceptance. During pendency of the investigation the FIR and complaint has been filed against the applicant in which the applicant has been summoned in a mechanical manner, therefore, the summoning order dated 8.5.2008 may be set aside.

In reply of the above contention, it is submitted by learned A.G.A. and learned counsel for O.P. No. 2  that the summoning order is not suffering from any illegality, it has been passed after considering the complaint and statement recorded under sections 200 and 202 Cr.P.C.

Considering the submission made by learned counsel for the applicant, learned A.G.A., learned counsel for O.P. No. 2  and without expressing any opinion on the merit of the case, it is directed that in case the applicant moves the application under section 245 (2) Cr.P.C.  before the court concerned through his counsel within 30 days from today, the same shall be heard and disposed of expeditiously in accordance with law. Till the disposal of that application no coercive steps shall be taken against the applicant.

The interim order dated 31.8.2009 is hereby vacated.

Accordingly this application is disposed of.

Order Date :- 14.5.2013

RPD