Prabhu Dayal vs The State Of U.P And Anr.
2014 Latest Caselaw 5674 ALL

Citation : 2014 Latest Caselaw 5674 ALL
Judgement Date : 3 September, 2014

Allahabad High Court

Prabhu Dayal vs The State Of U.P And Anr. on 3 September, 2014

Bench: Ravindra Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- U/S 482/378/407 No. - 5922 of 2013
 

 
Applicant :- Prabhu Dayal
 
Opposite Party :- The State Of U.P And Anr.
 
Counsel for Applicant :- Santosh Kumar Gupta
 
Counsel for Opposite Party :- Govt. Advocate,Pankaj Verma
 

 
Hon'ble Ravindra Singh,J.

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

This petition has been filed by the petitioner Parbhu Dayal with a prayer to quash the summoning order dated 10.8.2013 passed by learned II Addl. Civil Judge (Jr. Div.)/ J.M., Gonda in case No. 277 of 2013.

From the perusal of the record it reveals that in the present case charge sheet has been submitted in case crime No. 300 of 2012 under sections 325, 323, 504, 506 IPC, P.S. Katra Bazar, District Gonda on which the learned Magistrate has taken the cognizance vide order dated 10.8.2013. The learned Magistrate has not committed any error in passing the impugned order, therefore, the prayer for quashing the impugned order dated 10.8.2013 is refused.

The interim order dated 21.11.2013 is hereby vacated.

However, considering the facts, it is directed that in case petitioner appears before the court concerned within 30 days from today and applies 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.

With this direction, this petition is finally disposed of.

Order Date :- 3.9.2014

RPD