Vijay Pal Singh And 2 Ors. vs State Of U.P.& Another.
2013 Latest Caselaw 2121 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 806 of 2005
 

 
Petitioner :- Vijay Pal Singh And 2 Ors.
 
Respondent :- State Of U.P.& Another.
 
Petitioner Counsel :- Anil K.Tripathi,Vijay Kumar Asthana
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

List is revised.

Learned counsel for the applicants is not present.

Heard learned A.G.A.

This application has been filed with a prayer to quash the  order dated 8.11.2000 passed by learned VI-A.C.J.M. Sultanpur in Criminal Case No. 2764 of 2003 whereby the learned Magistrate concerned has rejected the final report and summoned the applicants to face the trial for the offence under section 379 IPC and 4/10  U.P. PT. Act.

From the perusal of the record it appears that the learned Magistrate has perused the case diary and considered the statement recorded under sections 200 and 202 Cr.P.C.  also. The learned Magistrate concerned has adopted a mixed proceedure for taking the cognizance. The proceedure adopted by the learned Magistrate concerned  is not a proper procedure. Therefore, the impugned order dated 8.11.2000 is illegal, the same is set aside.

However, learned Magistrate concerned is directed to pass a fresh order after hearing the parties concerned.

The interim order dated 20.4.2005  is hereby vacated.

Accordingly this application is disposed of.

Let a copy of this order be communicated to learned Magistrate  concerned, Gonda forthwith for the compliance.

Order Date :- 15.5.2013

RPD