Narendra And Ors. vs The State Of U.P And Anr.
2014 Latest Caselaw 3789 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- U/S 482/378/407 No. - 100 of 2014
 

 
Applicant :- Narendra And Ors.
 
Opposite Party :- The State Of U.P And Anr.
 
Counsel for Applicant :- Manish Vikram Singh Chauh
 
Counsel for Opposite Party :- Govt. Advocate,Krishna Kumar Singh
 

 
Hon'ble Ravindra Singh,J.

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

This petition has been filed by the  applicants with a prayer to quash the proceedings of case No.2410 of 2012 under section 323, 504, 506 IPC and section 3(1)X SC/ST Act  pending i the court of olearned A.C.J.M>, Court No. 3 Hardoi.

From the perusal of the record it reveals that in the present  case a complaint has been filed by O.P No. 2, on which the learned Magistrate concerned after recorded the statement under section 200 and 202 Cr.P.C. summoned the applicants to  face the trial. The learned Magistrate concerned has not committed any  error in passing the impugned order. Therefore, the prayer for quashing the proceedings of the above mentioned case including the summoning order dated 8.5.2013 is refused.

However, considering the fact, it is directed that that in case the applicants appears before the court concerned within 30 days from today and apply 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 Sigh Versus State of U.P reported in 2009(4) S.C.C. 437.

It is further directed that at the appropriate stage in case the applicants move discharge application, the same shall be heard and disposed of in accordance with law.

With this direction, this application is finally disposed of.

Order Date :- 30.7.2014

RPD