Kailash Nath Pandey And 2 Others vs State Of U.P. And Another
2015 Latest Caselaw 223 ALL

Citation : 2015 Latest Caselaw 223 ALL
Judgement Date : 29 April, 2015

Allahabad High Court

Kailash Nath Pandey And 2 Others vs State Of U.P. And Another on 29 April, 2015

Bench: Yashwant Varma




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- APPLICATION U/S 482 No. - 11214 of 2015
 
Applicant :- Kailash Nath Pandey And 2 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ashish Kumar Gupta
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Yashwant Varma,J.

The challenge in the present application under Section 482 Cr.P.C. is to an order dated 20.09.2014 by which the applicants have been summoned in Complaint Case No. 80/2013 (Umesh Nath Pandey Vs. Kailash Nath Pandy and others) under Sections 504, 506 IPC P.S.-Lanka, District Varanasi.

From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.

The prayer for quashing the proceedings of the aforesaid case based on the summoning order is refused.

However, it is directed that in case the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 29.4.2015

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