Surendra Kumar Dubey vs The State Of U.P And Anr.
2015 Latest Caselaw 856 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 2631 of 2015
 

 
Applicant :- Surendra Kumar Dubey
 
Opposite Party :- The State Of U.P And Anr.
 
Counsel for Applicant :- Dinesh Kumar Shukla
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Shashi Kant,J.

Heard Sri Dinesh Kumar Dubey, learned counsel for the petitioner and learned A.G.A. for the State of U.P.

This application under Section 482 Cr.P.C. has been filed for quashing of the summoning order dated 03.05.2015 and charge sheet no. 3/2015, under Sections 323, 504, 506, 325 I.P.C. and 3 (1) (X) SC/ST Act, Police Station Kaudiya, District Gonda, arising out of Case Crime No. 654 of 2014 summoned by the learned Additional Chief Judicial Magistrate-Ist, Gonda in Criminal Misc. Case No. 246 of 2014, State Versus Surendra Kumar.

Learned counsel for the petitioner submits that an F.I.R. under the above sections has been lodged against three persons and after investigation the charge sheet has been filed against the applicant and impugned summoning order has been passed against the applicant. He further submits that filing of the charge sheet and the impugned summoning order dated 03.05.2015 against the applicant are not sustainable, illegal and liable to be quashed.

However, learned A.G.A. has justified the filing of the charge sheet and summoning order.

In view of the above, admit.

Issue notice to the opposite party no. 2, through R.P.A.D., returnable at an early date.

Necessary steps be taken by the applicant within a week.

List in the 3rd week of July, 2015 before appropriate Bench.

Till the next date of listing, the operation of the impugned summoning order dated 03.05.2015 shall remain stayed.

Order Date :- 8.6.2015

Monika