Pramod Kumar Bajpai vs State Of U.P.& Anothers.
2013 Latest Caselaw 2213 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 3099 of 2007
 

 
Petitioner :- Pramod Kumar Bajpai
 
Respondent :- State Of U.P.& Anothers.
 
Petitioner Counsel :- Rakesh Kumar Tripathi,Arun Kumar Tripathi
 
Respondent Counsel :- Govt.Advocate,Vikas Shukla
 

 
Hon'ble Ravindra Singh,J.

List revised, the learned counsel for the applicant and counsel for O.P. No.2 are not present.

This application has been filed with a prayer to quash the proceedings of complaint case no. 4217 of 2007 under sections 420,468,471 I.P.C. P.S. Hasanganj district Unnao pending in the court of  Chief Judicial Magistrate, Unnao.

In the present case the learned magistrate has taken cognizance after considering the complaint, statements recorded under section 200 and 202 Cr.P.C., which discloses the commission of the aforesaid offence.

The learned magistrate has not committed any error in passing the impugned order. The impugned order dated  18.8.2004 by which the cognizance has been taken against the accused person, is not suffering from any illegality or irregularity. There is no ground to interfere with the above mentioned case. Therefore, the prayer for quashing the aforementioned proceedings is refused. The interim order dated 9.10.2007 is hereby vacated.

However, considering the nature of the allegation, it is directed that in case the applicants appearing before the court concerned within 60 days from today and applies for bail, the same shall be heard and disposed of in view of the case 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.

Accordingly this application is disposed of.

Order Date :- 16.5.2013

NA