Rajesh Kuamr Srivastava vs State Of U.P.
2013 Latest Caselaw 2125 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 1820 of 2009
 

 
Petitioner :- Rajesh Kuamr Srivastava
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- M.B. Khan
 
Respondent Counsel :- Govt. Advocate,Ajeet Kumar Singh
 

 
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  17.11.2008 passed by learned Judicial Magistrate-II, Hardoi in complaint case No. 6027 of 2008 whereby the learned Magistrate concerned has taken the cognizance and summoned the applicant to face the trial under sections 494, 109 IPC.

From the perusal of the record it appears the learned Magistrate concerned has passed the order after considering the complaint and statement recorded under sections 200 and 202 Cr.P.C. which prima facie disclosing the cognizable offence. The learned Magistrate has not committed any error the passing the impugned order. The prayer for quashing the same is refused.

However, it is directed that  in case the applicant appears before the court concerned within 60 days from today 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. and threafter in case the applicant moves application  for discharge, the same shall also be heard and disposed of in accordance with law.

With this observation, this application is disposed of.

Order Date :- 15.5.2013

RPD