Syed Ahmad Khan vs State Of U.P. & Another
2014 Latest Caselaw 5431 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- U/S 482/378/407 No. - 928 of 2008
 

 
Applicant :- Syed Ahmad Khan
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Tarun Kumar Pandey
 
Counsel for Opposite Party :- Govt. Advocate,Ram Kumar
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant, learned A.G.A. and Sri Ram Kumar, counsel for O.P. No. 2.

This application has been filed with a prayer to quash the   order dated 19.1.2008 passed by learned Addl. Sessions Judge/ FTC-4, Gonda in the Criminal Revision No. 512 of 2006 whereby the criminal revision filed by the applicant has been rejected and the order dated 13.12.2001 passed by learned Judicial Magistrate-II, Gonda in complaint case No. 2918 /2003/1 whereby the learned Magistrate has taken the  cognizance  for the offence punishable under sections 392, 323, 506 IPC

From the perusal of the record it appears that after  considering the complaint and statement recorded under sections 200 and 202 Cr.P.C. learned Magistrate took the cognizance on the aforesaid sections and summoned the applicant vide order dated 13.12.2001. The learned Magistrate has not committed any error in taking the cognizance vide order dated 13.12.2001 and learned Magistrate has also not committed any error in dismissing the revision  vide order dated 19.1.2008. The prayer for quashing the impugned order is refused.

The interim order dated 05.03.2008 is hereby vacated

Considering the facts and circumstances of the case and submissions made by the learned counsel for the applicant, it is directed that in case the applicant appears before the court concerned within 30 days from today and applies for bail,  the same shall be considered and disposed of in strict compliance of the direction given by full bench of this court in the case of Smt Amrawati and another Vs. State of U.P. (2004) (57) ALR, 390.  Till the aforesaid period of 30 days no coercive steps shall be taken against the applicant.

With the above direction the application is finally disposed of.

Order Date :- 1.9.2014

RPD