Abdul Hameed And Anr. vs The State Of U.P Thru Secy., Home ...
2014 Latest Caselaw 3772 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- U/S 482/378/407 No. - 76 of 2014
 

 
Applicant :- Abdul Hameed And Anr.
 
Opposite Party :- The State Of U.P Thru Secy., Home Deptt., Lucknow And Anr.
 
Counsel for Applicant :- Suresh Chandra Shukla,Krishna Kumar Dewide
 
Counsel for Opposite Party :- Govt. Advocate,A K Dixit,Anil Kumar Awasthi
 

 
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 quash the proceedings of complaint case No. 3314 of 2011 under sections 323, 506 IPC pending in the court of A.C.J.M.-VI, Room no. 30, Lucknow.

From the perusal of the record it appears that in the present case a complaint has been filed against the applicants on which the statements under section 200 and 202 Cr.P.C. have been recorded, after perusing the same the learned Magistrate concerned took the cognizance  and summoned the applicants to face the trial for the offence punishable under sections 323, 504, 506 IPC. The learned Magistrate concerned has not committed any error in summoning the applicants. At this stage without expressing any opinion on the merits of the case this application is disposed of  with liberty to move an application under section 245(2) Cr.P.C.  through their counsel before the court concerned within 30 days from today, but applicants shall remain present in the court. Till the disposal of that application no coercive steps shall be taken against the applicants.

The interim order dated 15.1.2014 is hereby vacated.

Accordingly the application is disposed of.

Order Date :- 30.7.2014

RPD