Allahabad High Court
Ajmer Singh And Ors. vs The State Of U.P And Anr. on 27 March, 2014
Bench: Ashwani Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 29
Case :- U/S 482/378/407 No. - 5318 of 2013
Applicant :- Ajmer Singh And Ors.
Opposite Party :- The State Of U.P And Anr.
Counsel for Applicant :- P.K Singh
Counsel for Opposite Party :- Govt. Advocate,Abhay Singh
Hon'ble Ashwani Kumar Singh,J.
This is an application for recall of the order dated 12.2.2014 passed by this Court.
No objection has been filed by the opposite parties against this application.
The cause shown in the affidavit accompanying the application is sufficient to recall the order dated 12.2.2014.
Accordingly, the order dated 12.2.2014 is recalled and the petition is restored to its original number and the case is being taken up, on the request of the learned counsel for the petitioners.
Order Date :- 27.3.2014
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Case :- U/S 482/378/407 No. - 5318 of 2013
Applicant :- Ajmer Singh And Ors.
Opposite Party :- The State Of U.P And Anr.
Counsel for Applicant :- P.K Singh
Counsel for Opposite Party :- Govt. Advocate,Abhay Singh
Hon'ble Ashwani Kumar Singh,J.
Restored vide order of date passed on the application for recall of the order.
Order Date :- 27.3.2014
psd
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Case :- U/S 482/378/407 No. - 5318 of 2013
Applicant :- Ajmer Singh And Ors.
Opposite Party :- The State Of U.P And Anr.
Counsel for Applicant :- P.K Singh
Counsel for Opposite Party :- Govt. Advocate,Abhay Singh
Hon'ble Ashwani Kumar Singh,J.
Heard learned counsel for the petitioners and learned Government Advocate.
By means of this petition, the petitioners have prayed for quashing the proceedings of criminal complaint case no. 39 of 2013 - Hari Bhawan Singh Vs. Ajmer Singh and others under Sections 498-A, 323, 504, 506 I.P.C. and 4 D.P. Act, P.S. Nasirabad, District Amethi/Raebareli pending before the Additional Chief Judicial Magistrate-I, Court No. 12, Raebareli as well as the summoning order dated 15.5.2013.
The petitioners have been summoned after evaluating the evidence of complainant under Section 200 Cr. P.C. and that of witnesses under Section 202 Cr. P.C. Since, prima facie case is made out against the petitioners, as such, no interference is warranted in the matter. The petition is devoid of merit and it is, accordingly dismissed.
However, it is provided that if the petitioners appear before the court concerned within 20 days from today and move application for bail, their bail application shall be considered and disposed of on its own merit, expeditiously, in accordance with the law laid down by the Apex Court in Lal Kamlendra Pratap Singh Vs State of U.P., reported in 2009(1) JIC 677:2009(2) Crimes 4(SC).
It is also directed that the amount of rupees ten thousand deposited by the petitioner/depositor be returned to the petitioner/depositor within ten days from today.
Order Date :- 27.3.2014
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