Ram Das & 2 Ors. vs State Of U.P. & Another
2014 Latest Caselaw 5500 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- U/S 482/378/407 No. - 773 of 2008
 

 
Applicant :- Ram Das & 2 Ors.
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- D.K. Singh Chauhan
 
Counsel for Opposite Party :- Govt. Advocate
 

 
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 order dated 17.4.2007 by which the learned Judicial Magistrate-II, Hardoi  has taken the cognizance  and summoned the applicants to face the trial for the offence punishable under sections 307, 504. 506 IPC.

From the perusal of the record it reveals that after considering the application under section 156(3) Cr.P.C. which has been treated as a complaint and the statement recorded under sections 200 and 202 Cr.P.C. , the learned Magistrate has come to the conclusion that prima facie offence under sections 307, 504, 506 IPC is made out. The learned Magistrate concerned has not committed any error in taking the cognizance and summoning the  applicants to face the trial. Therefore, the prayer for quashing the impugned order dated 17.4.2007 is refused.

The interim order dated 4.3.2008  is hereby vacated.

However, considering the facts, circumstances of the case and submission made by learned counsel for the applicants, it is directed that in case the applicants appear 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., and for the aforesaid period of 30 days no coercive steps shall be taken against the applicants.

With this direction, this application is disposed of.

Order Date :- 1.9.2014

RPD