Ram Kumar vs State Of U.P.
2013 Latest Caselaw 2169 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 3392 of 2009
 

 
Petitioner :- Ram Kumar
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Rajendra Singh Chauhan
 
Respondent Counsel :- Govt. Advocate,Shiv Pal Singh
 

 
Hon'ble Ravindra Singh,J.

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

This application has been filed with a prayer to set aside the order dated 9.6.2009 passed by learned C.J.M., Bahraich in complaint case No. 135 of 2009 whereby the learned Magistrate concerned has taken the cognizance and summoned the applicant sto face the trial under sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act.

It is contended by learned counsel for the applicants that in respect of same incident an application under section 156 (3) Cr.P.C. has been filed, the same has been rejected. Prior to that one complaint on the similar allegation has also been filed, the same was dismissed against which a criminal revision has also been filed by O.P. No. 2, the same is pending, it was not pressed on 24.1.2009. In such circumstances, without applying the judicial mind, the learned Magistrate concerned  has summoned the applicants to face the trial.

Considering the facts and without expressing any opinion on the merits of the case, it is directed that in case the applicants move an application under section 245(2) Cr.P.C., through his counsel within 60 days from today, the same shall be heard expeditiously in accordance with law. Till the disposal of that application no coercive steps shall be taken against the applicants.

The interim order dated 16.9.2009 is hereby vacated.

Accordingly this application is disposed of.

Order Date :- 15.5.2013

RPD