Krishan Kapil Tiwari vs State Of U.P. And Another
2015 Latest Caselaw 271 ALL

Citation : 2015 Latest Caselaw 271 ALL
Judgement Date : 30 April, 2015

Allahabad High Court

Krishan Kapil Tiwari vs State Of U.P. And Another on 30 April, 2015

Bench: Yashwant Varma




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- APPLICATION U/S 482 No. - 11345 of 2015
 

 
Applicant :- Krishan Kapil Tiwari
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Bajarang Bahadur Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Yashwant Varma,J.

This Application has sought quashing of the summoning order dated 19th January, 2015 and also proceedings pertaining to Complaint Case No. 5305 of 2012 which had been instituted alleging commission of offences under Section 420, 406 and 34 I.P.C., P.S. Chet Ganj, District Varanasi pending before the A.C.J.M. IXth, Varanasi.

Learned counsel for the applicant has submitted that in respect of the very same complaint, the applicant and others had filed an application before this Court seeking quashing of all proceedings in which initially by an interim order, the order of the concerned Magistrate summoning the applicants has been stayed. Subsequently, the matter was compromised and the terms of settlement were filed before this Court by and on behalf of parties. Recording the fact of settlement having been arrived at, this Court on 9th August, 2006 after recording the above statement of parties and their counsels had transmitted the papers back to the concerned Court for information and compliance. He contends that despite the above order having been duly received by the Court, the Magistrate has now issued fresh summons by the impugned order.

The matter requires consideration.

Issue notice to the respondent no. 2 returnable within four weeks.

Learned A.G.A. as well as the noticed respondents shall file their replies within the aforesaid period.

Let this matter be listed before the appropriate Court in the second week of July, 2015.

In the meanwhile and until further orders of this Court, further proceedings in Complaint Case No. 5305 of 2012 which had been instituted alleging commission of offences under Section 420, 406 and 34 I.P.C., P.S. Chet Ganj, District Varanasi pending before the A.C.J.M. IXth, Varanasi, shall remain stayed.

This matter shall not be treated as tied up or part heard to this Bench.

Order Date :- 30.4.2015

Arun K. Singh