Ram Lal Yadav And 5 Ors. (Objection ... vs State Of U.P.& Anothers.
2014 Latest Caselaw 5470 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- U/S 482/378/407 No. - 815 of 2008
 

 
Applicant :- Ram Lal Yadav And 5 Ors. (Objection Filed)
 
Opposite Party :- State Of U.P.& Anothers.
 
Counsel for Applicant :- Sharad Nandan Ojha,Mukesh Kumar Sharma
 
Counsel for Opposite Party :- Govt.Advocate,Amar Nath Dubey
 

 
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. 1435 of 2007 under sections 323, 504, 506, 427, 452 IPC pending in the court of learned A.C.J.M. Pratapgarh.

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 under sections 323, 504, 506, 427, 452 IPC and summoned the applicants vide order dated 21.1.2008. The learned Magistrate has not committed any error in taking the cognizance vide order dated 21.1.2008 and there is no good  ground to quashh the proceedings of compliant case No. 1435 of 2007. The prayer for quashing the impugned order is refused.

The interim order dated 28.02.2008 is hereby vacated

Considering the facts and circumstances of the case and submissions made by the learned counsel for the applicants, it is directed that in case the applicants appears before the court concerned within 30 days from today and apply 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 applicants.

It is further directed that in case any compromise applicant is moved by the parties concerned, the same shall also be heard and disposed of in accordance with law.

With the above direction the application is finally disposed of.

Order Date :- 1.9.2014

RPD