Smt.Neelam And 2 Others vs State Of U.P.And Another
2013 Latest Caselaw 2214 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 786 of 2007
 

 
Petitioner :- Smt.Neelam And 2 Others
 
Respondent :- State Of U.P.And Another
 
Petitioner Counsel :- Pradeep Kumar Maurya,Jagannath Singh
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

List is revised.

Learned counsel for the applicant is not present.

Heard learned A.G.A.

This application has been filed with a prayer to quash the order dated  17.1.2007 passed by learned Addl. Civil Judge (Jr. Div.), Gonda in complaint case No.  372 of 2006 whereby the learned Magistrate has taken the cognizance and summoned the applicants to face the trial for the offence punishable under sections 352, 504, 506 I.P.C.

From the perusal of the impugned order it appears that learned Magistrate has taken the cognizance and summoned the applicants after considering the complaint and statements recorded under sections 200 and 202 Cr.P.C. which discloses the offence against the applicants. There is no illegality or irregularities in the impugned order, therefore, the prayer for quashing the impugned order is refused.

The interim order dated 22.3.2007 is hereby vacated.

However, considering the facts, it is directed that in the applicants appears before the court concerned within 60 days from today and apply for bail the same shall be considered 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.

With this direction, this application is finally disposed of

Order Date :- 16.5.2013

RPD